VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01444
Package ID: USCOURTS-cofc-1_17-vv-01444
Petitioner: Michael Pollio
Filed: 2017-10-05
Decided: 2020-09-23
Vaccine: influenza
Vaccination date: 2014-10-11
Condition: multiple sclerosis (MS) and/or clinically isolated syndrome (CIS)
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Michael Pollio filed a petition on October 5, 2017, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered multiple sclerosis (MS) and/or clinically isolated syndrome (CIS) as a result of receiving an influenza vaccine on October 11, 2014. Mr. Pollio further alleged that he experienced residual effects from the condition for more than six months and that there had been no prior award or settlement for this condition. The respondent, the Secretary of Health and Human Services, denied that the petitioner's alleged conditions were caused by the flu vaccination. Despite this denial, on September 23, 2020, the parties filed a joint stipulation agreeing that compensation should be awarded. Special Master Daniel T. Horner reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Pursuant to the stipulation, Mr. Pollio was awarded a lump sum of $60,000.00, payable by check to the petitioner, as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, clinical details, diagnostic tests, treatments, or expert witnesses involved in this case. Philip Dale Russel represented the petitioner, and Debra A. Filteau Begley represented the respondent.

Theory of causation field:
Petitioner Michael Pollio alleged that he suffered multiple sclerosis (MS) and/or clinically isolated syndrome (CIS) as a result of receiving an influenza vaccine on October 11, 2014, with residual effects lasting more than six months. The respondent denied that the alleged conditions were caused by the vaccination. The parties filed a joint stipulation on September 23, 2020, agreeing to an award of compensation. Special Master Daniel T. Horner adopted the stipulation as the decision of the Court. The public text does not specify the theory of causation, the mechanism of injury, or any expert testimony. Michael Pollio was awarded $60,000.00 as a lump sum. Philip Dale Russel was petitioner's counsel, and Debra A. Filteau Begley was respondent's counsel. The decision date was September 23, 2020.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01444-0
Date issued/filed: 2020-10-19
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 9/23/2020) regarding 58 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (et) Service on parties made.
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Case 1:17-vv-01444-UNJ Document 61 Filed 10/19/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1444V
Filed: September 23, 2020
UNPUBLISHED
MICHAEL POLLIO,
Petitioner,
Joint Stipulation on Damages;
v.
Influenza (Flu) Vaccine; Clinically
Isolated Syndrome (CIS); Multiple
SECRETARY OF HEALTH AND
Sclerosis (MS)
HUMAN SERVICES,
Respondent.
Philip Dale Russel, Philip Russel, LLC, Cos Cob, CT, for petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On October 5, 2017, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the
“Vaccine Act”). Petitioner alleges that he suffered multiple sclerosis (MS) and/or
clinically isolated syndrome (CIS) as a result of his receipt of the influenza (flu)
vaccination on October 11, 2014. Petition at 1; Stipulation, filed September 23, 2020, at
¶¶ 2-4. Petitioner further alleges he experienced the residual effects of this condition for
more than six months and there has been no prior award or settlement as a result of his
condition. Petition at 3; Stipulation at ¶¶ 4-5. “Respondent denies that petitioner’s
alleged MS, CIS, or [any other] condition, was caused-in-fact by a flu vaccination.”
Stipulation at ¶ 6.
Nevertheless, on September 23, 2020, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. I find the
1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will
be posted on the United States Court of Federal Claims’ website in accordance with the E-Government
Act of 2002. See 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic
Government Services). This means the decision will be available to anyone with access to the
Internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact
medical or other information the disclosure of which would constitute an unwarranted invasion of privacy.
If the special master, upon review, agrees that the identified material fits within this definition, it will be
redacted from public access.
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).

Case 1:17-vv-01444-UNJ Document 61 Filed 10/19/20 Page 2 of 7
stipulation reasonable and adopt it as the decision of the Court in awarding damages,
on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $60,000.00 in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under § 15(a). Id.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the
clerk of the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Daniel T. Horner
Daniel T. Horner
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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