VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01568
Package ID: USCOURTS-cofc-1_17-vv-01568
Petitioner: Michael Louie Vice
Filed: 2017-10-19
Decided: 2024-10-10
Vaccine: influenza
Vaccination date: 2015-10-22
Condition: anaphylaxis and death
Outcome: compensated
Award amount USD: 117500

AI-assisted case summary:
Peggy Vice, as legal representative of the Estate of Michael Louie Vice, filed a petition for compensation alleging that the influenza vaccine Mr. Vice received on October 22, 2015, caused him to suffer from anaphylaxis and die the following day. The petition stated that the influenza vaccine is contained in the Vaccine Injury Table and that Mr. Vice's death was a sequela of the anaphylaxis. Alternatively, the petitioner alleged that Mr. Vice suffered anaphylaxis, septic shock, and death caused-in-fact by the flu and/or pneumococcal vaccines. Respondent denied that the vaccines caused Mr. Vice's alleged anaphylaxis, septic shock, or death. The parties subsequently filed a joint stipulation concerning compensation. The Special Master found the stipulation reasonable and adopted it as the decision of the Court. A lump sum of $117,500.00 was awarded to the petitioner, representing compensation for all damages available under the program. The decision was filed on October 10, 2024, and the petition was originally filed on October 19, 2017.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01568-1
Date issued/filed: 2024-11-07
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 10/15/2024) regarding 136 DECISION Stipulation/Proffer Signed by Special Master Christian J. Moran. (ceo) Service on parties made.
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Case 1:17-vv-01568-UNJ Document 141 Filed 11/07/24 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
PEGGY W. VICE, *
as legal representative of the Estate *
of MICHAEL LOUIE VICE, *
* No. 17-1568V
Petitioner, * Special Master Christian J. Moran
*
v. *
* Filed: October 15, 2024
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Milton Clay Ragsdale, IV, Ragsdale LLC, Birmingham, AL, for Petitioner;
Madylan Louise Yarc, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION1
On October 10, 2024, the parties filed a joint stipulation concerning the
petition for compensation filed by Peggy Vice on October 19, 2017. Petitioner
alleged that the influenza vaccine Michael Louie Vice received on October 22,
2015, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R.
§100.3(a), caused Mr. Vice to suffer from a Table injury of anaphylaxis and that
his death on October 23, 2015, was a sequela of the anaphylaxis. Alternatively,
petitioner alleges that Mr. Vice suffered anaphylaxis, septic shock, and death
1 Because this Decision contains a reasoned explanation for the action taken in this case,
it must be made publicly accessible and will be posted on the United States Court of Federal
Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in
accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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), the
parties have 14 days to identify and move to redact medical or other information, the disclosure
of which would constitute an unwarranted invasion of privacy. Any changes will appear in the
document posted on the website.

Case 1:17-vv-01568-UNJ Document 141 Filed 11/07/24 Page 2 of 8
caused-in-fact by the flu vaccine and/or the pneumococcal vaccine. Petitioner
represents that there has been no prior award or settlement of a civil action for
damages on Mr. Vice’s behalf as a result of Mr. Vice’s condition or death.
Respondent denies that Mr. Vice’s alleged anaphylaxis, septic shock, or
residual effects were caused-in-fact by the flu and/or pneumococcal vaccines; and
denies that the flu and/or pneumococcal vaccines caused decedent any other injury
or decedent's death. Nevertheless, the parties agree to the joint stipulation,
attached hereto. The undersigned finds said stipulation reasonable and adopts it as
the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $117,500.00 in the form of a check payable to petitioner.
This amount represents 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 is directed to enter judgment according to this decision and the attached
stipulation.2
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

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