VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-02014 Package ID: USCOURTS-cofc-1_17-vv-02014 Petitioner: Harry Wilmore Filed: 2017-12-21 Decided: 2021-11-03 Vaccine: influenza Vaccination date: 2016-08-17 Condition: acute demyelinating encephalomyelitis (ADEM) Outcome: compensated Award amount USD: 191872 AI-assisted case summary: Harry Wilmore filed a petition on December 21, 2017, alleging that the influenza vaccine he received on August 17, 2016, caused him to suffer acute demyelinating encephalomyelitis (ADEM) with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's ADEM or any other injury. The parties subsequently filed a joint stipulation for compensation. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The award includes a lump sum payment of $191,872.19, payable to the petitioner, to cover first-year life care expenses, pain and suffering, and past unreimbursable expenses. Additionally, an amount sufficient to purchase an annuity contract, as described in the stipulation, was awarded and paid to the life insurance company from which the annuity will be purchased. These amounts represent compensation for all damages available under the program. Petitioner was represented by Lawrence R. Cohen of Saltz Mongeluzzi & Bendesky, and respondent was represented by Adriana R. Teitel of the United States Department of Justice. The decision was filed on November 3, 2021. Theory of causation field: Petitioner Harry Wilmore alleged that the influenza vaccine administered on August 17, 2016, caused acute demyelinating encephalomyelitis (ADEM) with residual effects lasting more than six months. The injury is listed on the Vaccine Injury Table. Respondent denied causation. The parties reached a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran on November 3, 2021. The stipulation resulted in a lump sum award of $191,872.19 for first-year life care expenses, pain and suffering, and past unreimbursable expenses, plus an amount to purchase an annuity. Petitioner counsel was Lawrence R. Cohen; respondent counsel was Adriana R. Teitel. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-02014-0 Date issued/filed: 2021-11-30 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 11/3/2021) regarding 82 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (amb) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-02014-UNJ Document 86 Filed 11/30/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * HARRY WILMORE, * * No. 17-2014V Petitioner, * Special Master Christian J. Moran * v. * Filed: November 3, 2021 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * acute demyelinating * encephalomyelitis (“ADEM”). * Respondent. * * * * * * * * * * * * * * * * * * * * * * Lawrence R. Cohen, Saltz Mongeluzzi & Bendesky, Philadelphia, PA, for Petitioner; Adriana R. Teitel, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On November 2, 2021, the parties filed a joint stipulation concerning the petition for compensation filed by Harry Wilmore on December 21, 2017. Petitioner alleged that the influenza (“flu”) vaccine he received on August 17, 2016, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer acute demyelinating encephalomyelitis (“ADEM”). Petitioner further alleges that he suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. 1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:17-vv-02014-UNJ Document 86 Filed 11/30/21 Page 2 of 2 Respondent denies that the flu vaccine either caused petitioner to suffer from ADEM or any other injury or his current condition. 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. A lump sum payment of $191,872.19 in the form of a check payable to petitioner. This amount represents compensation for combined first-year life care expenses, pain and suffering, and past unreimbursable expenses. b. 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. These amounts represent 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.