VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01226 Package ID: USCOURTS-cofc-1_17-vv-01226 Petitioner: Milan Sedlacek Filed: 2017-09-11 Decided: 2019-07-29 Vaccine: influenza Vaccination date: 2014-10-08 Condition: Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) Outcome: compensated Award amount USD: 230000 AI-assisted case summary: Milan Sedlacek filed a petition for compensation under the National Vaccine Injury Compensation Program on September 11, 2017. He alleged that the influenza vaccine he received on October 8, 2014, caused him to develop Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) and that he experienced residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Sedlacek's CIDP or any other injury. Despite the respondent's denial, the parties reached a stipulation for an award. Special Master Herbrina Sanders found the stipulation to be reasonable and adopted it as the decision of the Court. Mr. Sedlacek was awarded a lump sum of $230,000.00, payable by check to Petitioner, as compensation for all damages. The parties jointly filed notice renouncing the right to seek review, which expedited the entry of judgment. Ronald C. Homer represented the Petitioner, and Daniel A. Principato represented the Respondent. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted. Theory of causation field: Petitioner Milan Sedlacek alleged that the influenza vaccine administered on October 8, 2014, caused him to develop Chronic Inflammatory Demyelinating Polyneuropathy (CIDP), with residual effects lasting over six months. The respondent denied causation. The parties entered into a stipulation for award, which was approved by Special Master Herbrina Sanders. Petitioner was awarded $230,000.00 as a lump sum for all damages. The public text does not specify the theory of causation, medical experts, or the mechanism of injury. Attorneys for the Petitioner were Ronald C. Homer and for the Respondent was Daniel A. Principato. The decision date was July 29, 2019. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01226-0 Date issued/filed: 2019-08-20 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 7/29/2019) regarding 43 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (rs) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01226-UNJ Document 47 Filed 08/20/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: July 29, 2019 * * * * * * * * * * * * * * * * * * * * * * * * * MILAN SEDLACEK, * No. 17-1226V * Petitioner, * Special Master Sanders v. * * SECRETARY OF HEALTH * Stipulation for Award; Influenza (“flu”) AND HUMAN SERVICES, * Vaccine; Chronic Inflammatory * Demyelinating Polyneuropathy (“CIDP”) Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Ronald C. Homer, Conway, Homer, PC, Boston, MA, for Petitioner. Daniel A. Principato, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On September 11, 2017, Milan Sedlacek (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2012). Petitioner alleged that the influenza (“flu”) vaccine he received on October 8, 2014 caused him to develop Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”). See Stip. at 1, ECF No. 42. Petitioner further alleged that he experienced the residual effects of his injury for more than six months. Id. On July 26, 2019, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Id. at 2. Respondent denies that the flu vaccine caused Petitioner’s alleged CIDP, or any other injury. Id. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. I find the stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein. 1 This decision shall be posted on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2012)). This means the Decision will be available to anyone with access to the Internet. As provided by Vaccine Rule 18(b), each party has 14 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). 2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755. Case 1:17-vv-01226-UNJ Document 47 Filed 08/20/19 Page 2 of 7 The parties stipulate that Petitioner shall receive the following compensation: A lump sum of $230,000.00 in the form of a check payable to [P]etitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. I approve the requested amount for Petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Herbrina D. Sanders Herbrina D. Sanders Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:17-vv-01226-UNJ Document 47 Filed 08/20/19 Page 3 of 7 Case 1:17-vv-01226-UNJ Document 47 Filed 08/20/19 Page 4 of 7 Case 1:17-vv-01226-UNJ Document 47 Filed 08/20/19 Page 5 of 7 Case 1:17-vv-01226-UNJ Document 47 Filed 08/20/19 Page 6 of 7 Case 1:17-vv-01226-UNJ Document 47 Filed 08/20/19 Page 7 of 7