VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01039
Package ID: USCOURTS-cofc-1_17-vv-01039
Petitioner: Alfred Wade, Jr., as Personal Representative of the Estate of Elaine D. Wade
Filed: 2017-08-02
Decided: 2019-04-11
Vaccine: influenza and pneumococcal conjugate (PCV13)
Vaccination date: 2016-11-10
Condition: acute disseminating encephalomyelitis (ADEM)
Outcome: compensated
Award amount USD: 325000

AI-assisted case summary:
Alfred Wade, Jr., as the Personal Representative of the Estate of Elaine D. Wade, filed a petition for compensation under the National Vaccine Injury Compensation Program on August 2, 2017. The petition alleged that Elaine D. Wade developed acute disseminating encephalomyelitis (ADEM) after receiving influenza and pneumococcal conjugate (PCV13) vaccines on November 10, 2016. The respondent, the Secretary of Health and Human Services, denied that the immunizations caused the alleged injury. Despite the denial, the parties reached a settlement agreement. As part of the stipulation, the respondent agreed to pay a lump sum of $325,000.00, payable to Alfred Wade, Jr., as the legal representative of the estate. This amount was intended as compensation for all damages available under the program. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded compensation in the agreed-upon amount. The decision was issued on April 11, 2019. The public decision does not describe the specific onset of symptoms, clinical details of the illness, diagnostic tests performed, treatments administered, or the specific mechanism by which the vaccine allegedly caused the injury. The names of petitioner's counsel, Nancy Meyers, Esq., and respondent's counsel, Sarah Duncan, Esq., are noted in the decision.

Theory of causation field:
Petitioner alleged that Elaine D. Wade developed acute disseminating encephalomyelitis (ADEM) following vaccination with influenza and pneumococcal conjugate (PCV13) vaccines on November 10, 2016. The respondent denied causation. The parties reached a stipulation for settlement, and the Special Master adopted it. The public decision does not detail the specific theory of causation, medical experts, or evidence presented regarding the mechanism of injury. The settlement resulted in a lump sum award of $325,000.00 to the estate, representing compensation for all damages. The decision was issued by Special Master Mindy Michaels Roth on April 11, 2019. Petitioner's counsel was Nancy Meyers, Esq., and respondent's counsel was Sarah Duncan, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01039-0
Date issued/filed: 2019-04-11
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/15/2019) regarding 26 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (km) Service on parties made.
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Case 1:17-vv-01039-UNJ Document 33 Filed 04/11/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1039V
Filed: February 15, 2019
* * * * * * * * * * * * *
ALFRED WADE, JR., Personal *
Representative of the Estate of *
ELAINE D. WADE * UNPUBLISHED
*
Petitioner, * Decision on Joint Stipulation;
* Acute Disseminating
v. * Encephalomyelitis (“ADEM”);
* Influenza (“Flu”) and
SECRETARY OF HEALTH * Pneumococcal Conjugate
AND HUMAN SERVICES, * (“PCV13”) Vaccines
*
Respondent. *
* * * * * * * * * * * * *
Nancy Meyers, Esq., Ward Black Law, Greensboro, NC, for petitioner.
Sarah Duncan, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On August 2, 2017, Alfred Wade, Jr. (“petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program, as personal representative of the estate of
Elaine D. Wade.2 Petitioner alleges that Ms. Wade developed acute disseminating
encephalomyelitis (“ADEM”) after receiving the influenza (“flu”) and pneumococcal conjugate
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision
will be available to anyone with access to the internet. However, the parties may object to the Decision’s
inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party
has fourteen days within which to request redaction “of any information furnished by that party: (1) that is
a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes
medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of
privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public. Id.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).
1

Case 1:17-vv-01039-UNJ Document 33 Filed 04/11/19 Page 2 of 7
(“PCV13”) vaccines on November 10, 2016. Stipulation, filed February 15, 2019, at ¶¶ 1-4.
Respondent denies that any of the aforementioned immunizations caused petitioner’s injury.
Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On February 15, 2019, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent
agrees to issue the following payment:
A lump sum of $325,000.00 in the form of a check payable to petitioner, Alfred
Wade, Jr., as legal representative of the estate of Elaine D. Wade. This amount
represents compensation for all damages that would be available under § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount and
on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance
with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

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