VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01867 Package ID: USCOURTS-cofc-1_17-vv-01867 Petitioner: Lauren Wilkins Filed: 2017-12-01 Decided: 2022-04-14 Vaccine: influenza Vaccination date: Condition: Acute Disseminated Encephalomyelitis (“ADEM”) Outcome: compensated Award amount USD: 136802 AI-assisted case summary: Lauren Wilkins filed a petition for compensation under the National Vaccine Injury Compensation Program on December 1, 2017, alleging that she suffered Acute Disseminated Encephalomyelitis (ADEM) after receiving an influenza vaccine. She further alleged that she experienced residual effects from her condition for more than six months, that there had been no prior award or settlement of a civil action for damages, and that her vaccine was administered in the United States. The respondent denied that the flu vaccine caused petitioner's ADEM, slurred speech, difficulty speaking, facial drooping, poor coordination, weakness, and constant imbalance, or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite the respondent's denial, the parties filed a joint stipulation for damages on March 15, 2022. Special Master Daniel T. Horner found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Lauren Wilkins was awarded a lump sum of $136,802.49, payable to petitioner, as compensation for all items of damages. Petitioner was represented by David C. Richards of Christensen & Jensen, P.C., and respondent was represented by Katherine Carr Esposito of the U.S. Department of Justice. Theory of causation field: Petitioner Lauren Wilkins alleged that she suffered Acute Disseminated Encephalomyelitis (ADEM) following an influenza vaccine. The respondent denied that the flu vaccine caused petitioner's ADEM or any other injury. The parties filed a joint stipulation for damages, and Special Master Daniel T. Horner awarded petitioner $136,802.49. The public decision does not describe the specific theory of causation, onset, symptoms, medical tests, treatments, or expert witnesses. The award was based on a joint stipulation for damages. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01867-0 Date issued/filed: 2022-04-14 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 3/15/2022) regarding 78 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (tkp) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01867-UNJ Document 81 Filed 04/14/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1867V Filed: March 15, 2022 UNPUBLISHED LAUREN WILKINS, Petitioner, Joint Stipulation on Damages; v. Influenza (“Flu”) vaccine; Acute Disseminated Encephalomyelitis SECRETARY OF HEALTH AND (“ADEM”) HUMAN SERVICES, Respondent. David C. Richards, Christensen & Jensen, P.C., Salt Lake City, UT, for petitioner. Katherine Carr Esposito , U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On December 1, 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 she suffered Acute Disseminated Encephalomyelitis (“ADEM”). Petition at 1; Stipulation, filed March 15, 2022, at ¶ 4. Petitioner further alleges that she has experienced the residual effects of her condition for more than six months, that there has been no prior award or settlement of a civil action for damages as a result of her condition, and that her vaccine was administered in the United States. Petition at 11-12; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused petitioner’s ADEM, slurred speech, difficulty speaking, facial drooping, poor coordination, weakness, and constant imbalance, or any other injury; and denies that her current condition is a sequelae of a vaccine-related injury. ” Stipulation at ¶ 6. 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-01867-UNJ Document 81 Filed 04/14/22 Page 2 of 7 Nevertheless, on March 15, 2022, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the 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 $136,802.49 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 Case 1:17-vv-01867-UNJ Document 81 Filed 04/14/22 Page 3 of 7 Case 1:17-vv-01867-UNJ Document 81 Filed 04/14/22 Page 4 of 7 Case 1:17-vv-01867-UNJ Document 81 Filed 04/14/22 Page 5 of 7 Case 1:17-vv-01867-UNJ Document 81 Filed 04/14/22 Page 6 of 7 Case 1:17-vv-01867-UNJ Document 81 Filed 04/14/22 Page 7 of 7