VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01640 Package ID: USCOURTS-cofc-1_17-vv-01640 Petitioner: Bassam al Saddawi Filed: 2019-10-09 Decided: 2020-01-10 Vaccine: influenza Vaccination date: 2014-11-07 Condition: left arm swelling, a rash, pain, and permanent scarring Outcome: compensated Award amount USD: 25000 AI-assisted case summary: Bassam al Saddawi filed a petition on October 9, 2019, seeking compensation under the National Vaccine Injury Compensation Program. Mr. al Saddawi alleged that after receiving an influenza vaccine on November 7, 2014, he developed left arm swelling, a rash, pain, and permanent scarring. The Secretary of Health and Human Services denied that the flu immunization caused Mr. al Saddawi's alleged injuries or any other condition. Despite maintaining their respective positions, both parties agreed to settle the case through a joint stipulation filed on October 8, 2019. Special Master Katherine E. Oler reviewed the stipulation and found it to be reasonable. The Special Master adopted the stipulation as the decision, awarding Mr. al Saddawi a lump sum of $25,000.00, payable by check, as compensation for all damages. The decision was issued on January 10, 2020. Theory of causation field: Petitioner Bassam al Saddawi alleged that an influenza vaccine administered on November 7, 2014, caused left arm swelling, a rash, pain, and permanent scarring. Respondent denied causation. The parties reached a settlement via joint stipulation, which was adopted by Special Master Katherine E. Oler. The stipulation awarded Petitioner $25,000.00 as compensation for all damages. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. The petition was filed on October 9, 2019, and the decision on the stipulation was issued on January 10, 2020. Petitioner counsel was Glen Howard Sturtevant, Jr., and respondent counsel was Camille Michelle Collett. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01640-0 Date issued/filed: 2020-01-10 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/9/19) regarding 32 DECISION Stipulation/Proffer Signed by Special Master Katherine E. Oler. (sl) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01640-UNJ Document 38 Filed 01/10/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1640V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * BASSAM AL SADDAWI, * * Petitioner, * Filed: October 9, 2019 * v. * Decision by Stipulation; Damages; * Influenza (“Flu”) Vaccine. * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Glen Howard Sturtevant, Jr., Rawls Law Group, Richmond, VA, for Petitioner. Camille Michelle Collett, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 31, 2017, Petitioner Bassam al Saddawi filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Petition, ECF No. 1. Petitioner alleges that he developed left arm swelling, a rash, pain, and permanent scarring as a result of receiving an influenza (“flu”) vaccination on November 7, 2014. See Stipulation ¶ 2, 4, dated October 8, 2019 (ECF No. 31); See also Petition. 1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the ruling will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Otherwise, the Decision in its present form will be available. 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.A. ' 300aa- 10-' 300aa-34 (West 1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa. Case 1:17-vv-01640-UNJ Document 38 Filed 01/10/20 Page 2 of 7 Respondent denies “that the flu immunization is the cause of [P]etitioner’s alleged left arm swelling, a rash, pain, and permanent scarring, or any other injury or condition.” See Stipulation ¶ 6. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation filed October 8, 2019 that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: a lump sum of $25,000.00 in the form of a check payable to [P]etitioner. Stipulation ¶ 8. This award represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.3 IT IS SO ORDERED. s/ Katherine E. Oler Katherine E. Oler Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review. 2 Case 1:17-vv-01640-UNJ Document 38 Filed 01/10/20 Page 3 of 7 Case 1:17-vv-01640-UNJ Document 38 Filed 01/10/20 Page 4 of 7 Case 1:17-vv-01640-UNJ Document 38 Filed 01/10/20 Page 5 of 7 Case 1:17-vv-01640-UNJ Document 38 Filed 01/10/20 Page 6 of 7 Case 1:17-vv-01640-UNJ Document 38 Filed 01/10/20 Page 7 of 7