VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01538 Package ID: USCOURTS-cofc-1_17-vv-01538 Petitioner: Quinton Kapper Filed: 2017-10-16 Decided: 2021-08-30 Vaccine: influenza Vaccination date: 2014-10-21 Condition: Vasculitis of the Central Nervous System (CNS Vasculitis); Acute Disseminated Encephalomyelitis (ADEM); Meningitis, Asceptic Meningitis (sic); Autoimmune Process, Stroke Outcome: compensated Award amount USD: 75000 AI-assisted case summary: On October 16, 2017, Quinton Kapper filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine received on October 21, 2014, caused him to suffer from Vasculitis of the Central Nervous System (CNS Vasculitis), Acute Disseminated Encephalomyelitis (ADEM), meningitis, an autoimmune process, and stroke. Petitioner claimed his injury lasted over six months and required two hospitalizations. The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused Petitioner's alleged injuries. The parties subsequently filed a stipulation for award on August 3, 2021. As part of the stipulation, the parties agreed that Petitioner should receive a lump sum payment of $75,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court. Judgment was to be entered in accordance with the terms of the stipulation, unless a motion for review was filed. The petition was filed on October 16, 2017, and the decision was issued on August 30, 2021. Petitioner was represented by Daniel J. Mannix of Muller, Mannix & Hobbs, PLLC, and Respondent was represented by Ida Nassar of the United States Department of Justice. Theory of causation field: Petitioner alleged that the influenza vaccine administered on October 21, 2014, caused CNS Vasculitis, ADEM, meningitis, an autoimmune process, and stroke, with symptoms lasting over six months and resulting in two hospitalizations. Respondent denied causation. The parties filed a stipulation for award on August 3, 2021, agreeing to a lump sum payment of $75,000.00 to Petitioner. Special Master Herbrina Sanders adopted the stipulation as the decision of the Court on August 30, 2021. The public decision does not describe the specific medical mechanism, expert testimony, or clinical details supporting the theory of causation, nor does it detail the breakdown of the award beyond the total lump sum amount. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01538-0 Date issued/filed: 2021-10-19 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/30/2021) regarding 55 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (rig) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01538-UNJ Document 57 Filed 10/19/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: August 30, 2021 * * * * * * * * * * * * * * * * * * * * * * * * * QUINTON KAPPER, * No. 17-1538V * Petitioner, * Special Master Sanders v. * * Stipulation for Award; Influenza (“Flu”) SECRETARY OF HEALTH * Vaccine; CNS Vasculitis; Acute AND HUMAN SERVICES, * Disseminated Encephalomyelitis * (“ADEM”); Meningitis; Aseptic Respondent. * Meningitis; Autoimmune Process; Stroke * * * * * * * * * * * * * * * * * * * * * * * * * Daniel J. Mannix, Muller, Mannix & Hobbs, PLLC., Glen Falls, NY, for Petitioner. Ida Nassar, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On October 16, 2017, Quinton Kapper (“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 21, 2014, caused him to suffer an injury “that was differentially diagnosed as Vasculitis of the Central Nervous System[ (“CNS Vasculitis”)]; Acute Disseminated Encephalomyelitis [(“ADEM”)]; Meningitis, Asceptic Meningitis (sic); Autoimmune Process, Stroke and finally ‘most likely . . . immune related response to [flu] vaccine[.]’” Pet. at 1, ECF No. 1. Petitioner further alleged that his injury lasted for more than six months and resulted in two inpatient hospitalizations. Id. On August 3, 2021, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Stipulation ¶ 7, ECF No. 54. The parties state that “Respondent denies that [P]etitioner’s alleged injuries, or any other injury, were caused-in-fact by the flu vaccination administered on October 21, 2014.” Id. ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. See id. ¶ 7. 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-01538-UNJ Document 57 Filed 10/19/21 Page 2 of 7 The parties stipulate that Petitioner shall receive the following compensation: A lump sum of $75,000.00 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. ¶ 8. 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-01538-UNJ Document 57 Filed 10/19/21 Page 3 of 7 Case 1:17-vv-01538-UNJ Document 57 Filed 10/19/21 Page 4 of 7 Case 1:17-vv-01538-UNJ Document 57 Filed 10/19/21 Page 5 of 7 Case 1:17-vv-01538-UNJ Document 57 Filed 10/19/21 Page 6 of 7 Case 1:17-vv-01538-UNJ Document 57 Filed 10/19/21 Page 7 of 7