VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01570 Package ID: USCOURTS-cofc-1_17-vv-01570 Petitioner: James Gudaitis Filed: 2017-10-19 Decided: 2022-07-25 Vaccine: influenza Vaccination date: 2014-10-21 Condition: optic neuritis and multiple sclerosis or caused a significant aggravation of a preexisting neurological condition Outcome: compensated Award amount USD: 121723 AI-assisted case summary: James Gudaitis filed a petition alleging that he developed optic neuritis and multiple sclerosis, or a significant aggravation of a pre-existing neurological condition, as a result of receiving an influenza vaccination on October 21, 2014. He claimed to have experienced residual effects for more than six months. The respondent denied that the flu vaccine caused the alleged injuries or significantly aggravated any pre-existing condition. However, the parties reached a stipulation to settle the case. The stipulation provided for compensation including an annuity contract, a lump sum payment of $1,723.20 to satisfy a State of California Medicaid lien, and a lump sum of $120,000.00 to petitioner for all remaining damages. The Special Master adopted the stipulation and awarded compensation accordingly. The decision date was July 25, 2022, and the petition was filed on October 19, 2017. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01570-0 Date issued/filed: 2022-08-15 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 7/25/2022) regarding 112 DECISION for Stipulation. Signed by Special Master Thomas L. Gowen. (slw) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01570-UNJ Document 116 Filed 08/15/22 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: July 25, 2022 * * * * * * * * * * * * * JAMES GUDAITIS * * UNPUBLISHED * Petitioners, * No. 17-1570V * v. * Special Master Gowen * SECRETARY OF HEALTH * Stipulation for Award; Influenza AND HUMAN SERVICES, * (“Flu”); Optic Neuritis; Multiple * Sclerosis (“MS”); Significant Respondent. * Aggravation. * * * * * * * * * * * * * Michael Firestone, Marvin Firestone, MD, JD and Associates, San Mateo, CA, for petitioner. Ryan Pyles, Department of Justice, Washington, D.C., for respondent. DECISION FOR STIPULATION1 On October 19, 2017, James Gudaitis (“petitioner”) filed a petition for compensation under the National Vaccine Injury Program.2 Petitioner alleged that as a result of receiving the Influenza (“flu”) vaccination on October 21, 2014, he developed optic neuritis and multiple sclerosis or “caused a significant aggravation of a preexisting neurological condition,” and that he experienced residual effects of this injury for more than six months. On July 25, 2022, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation (“Stip.”) (ECF No. 111). Respondent denies that the Flu vaccine caused petitioner’s alleged optic neuritis, multiple sclerosis, and/or any other injury. Id. at ¶ 6. Respondent further denies that the vaccination significantly 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. Case 1:17-vv-01570-UNJ Document 116 Filed 08/15/22 Page 2 of 9 aggravated any alleged neurological or other condition. Id. Nevertheless, maintaining their respective positions, the parties now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation to the petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation provides: a. An amount sufficient to purchase the annuity contract described in paragraph 10 of the stipulation, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”); b. A lump sum payment of $1,723.20, representing compensation for satisfaction of a State of California Medicaid lien, payable jointly to petitioner and: Department of Health Care Services Recovery Branch – MS 4720 P.O. Box 997421 Sacramento, CA 95899-7421 Petitioner agrees to endorse this payment to the Department of Health Care Services; and c. A lump sum of $120,000.00 in the form of a check payable to petitioner. This amount represents all remaining compensation for damages that would be available under 42 U.S.C. §§ 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:17-vv-01570-UNJ Document 116 Filed 08/15/22 Page 3 of 9 Case 1:17-vv-01570-UNJ Document 116 Filed 08/15/22 Page 4 of 9 Case 1:17-vv-01570-UNJ Document 116 Filed 08/15/22 Page 5 of 9 CCaassee 11::1177--vvvv--0011557700--UUNNJJ DDooccuummeenntt 111116 FFiilleedd 0078//2155//2222 PPaaggee 46 ooff 79 Case 1:17-vv-01570-UNJ Document 116 Filed 08/15/22 Page 7 of 9 Case 1:17-vv-01570-UNJ Document 116 Filed 08/15/22 Page 8 of 9 Case 1:17-vv-01570-UNJ Document 116 Filed 08/15/22 Page 9 of 9