VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01140 Package ID: USCOURTS-cofc-1_17-vv-01140 Petitioner: Cynthia S. Simon Filed: 2019-04-03 Decided: 2019-04-29 Vaccine: influenza Vaccination date: 2016-09-19 Condition: vasculitis Outcome: compensated Award amount USD: 70000 AI-assisted case summary: Cynthia S. Simon filed a petition on April 3, 2019, alleging that she suffered vasculitis as a result of receiving an influenza vaccine on September 19, 2016, and experienced residual effects for more than six months. The respondent denied that the flu vaccine caused her alleged injury. The parties reached a stipulation to resolve the case. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded Cynthia S. Simon $70,000.00 in compensation for all damages, payable as a lump sum. The decision was issued on April 29, 2019. Petitioner counsel was Matthew F. Belanger, and respondent counsel was Linda S. Renzi. The public decision does not describe the specific onset of symptoms, clinical details, diagnostic tests, treatments, or expert testimony. Theory of causation field: Petitioner Cynthia S. Simon received an influenza vaccine on September 19, 2016, and alleged she suffered vasculitis with residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman awarded $70,000.00 in compensation for all damages. The public decision does not specify the theory of causation, the mechanism of injury, or any expert testimony. Petitioner counsel was Matthew F. Belanger, and respondent counsel was Linda S. Renzi. The decision date was April 29, 2019. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01140-0 Date issued/filed: 2019-04-29 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 4/3/2019) regarding 32 DECISION Stipulation/Proffer. Signed by Special Master Laura D. Millman. (et) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01140-UNJ Document 38 Filed 04/29/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1140V Filed: April 3, 2019 Not to be Published ************************************* CYNTHIA S. SIMON, * * Damages decision based on Petitioner, * stipulation; influenza (“flu”) * vaccine; vasculitis v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Matthew F. Belanger, Rochester, NY, for petitioner. Linda S. Renzi, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On April 3, 2019, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered vasculitis as a result of her receipt of influenza (“flu”) vaccine on September 19, 2016. She further alleges that she experienced the residual effects of this injury for more than six months. Respondent denies that the flu vaccine caused petitioner to suffer vasculitis or any other injury. Nonetheless, the parties agreed to resolve this matter informally. 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). This means the decision will be available to anyone with access to the Internet. Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to delete such information prior to the document’s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall delete such material from public access. Case 1:17-vv-01140-UNJ Document 38 Filed 04/29/19 Page 2 of 7 The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of $70,000.00, in the form of a check payable to petitioner, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2 IT IS SO ORDERED. Dated: April 3, 2019 /s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 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