VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00161
Package ID: USCOURTS-cofc-1_18-vv-00161
Petitioner: Michael LeBlond
Filed: 2018-02-01
Decided: 2020-10-27
Vaccine: influenza
Vaccination date: 2016-09-16
Condition: axonal polyneuropathy
Outcome: compensated
Award amount USD: 42000

AI-assisted case summary:
Michael LeBlond filed a petition under the National Vaccine Injury Compensation Program on February 1, 2018, alleging he suffered from axonal polyneuropathy as a result of an influenza vaccination received on September 16, 2016. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. LeBlond's condition or any other injury. Despite maintaining their respective positions, both parties agreed to settle the case through a joint stipulation filed on September 4, 2020. Special Master Katherine E. Oler reviewed the stipulation and found it to be reasonable. Based on the stipulation, Mr. LeBlond was awarded a lump sum of $42,000.00, payable by check to the Petitioner, as compensation for all damages available under the program. The decision was entered on October 27, 2020. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case. Petitioner was represented by Shealene Mancuso of Muller Brazil, LLP, and Respondent was represented by Traci Patton of the U.S. Department of Justice.

Theory of causation field:
Petitioner Michael LeBlond alleged that an influenza vaccine administered on September 16, 2016, caused his condition of axonal polyneuropathy. Respondent denied causation. The parties reached a settlement via joint stipulation, and Special Master Katherine E. Oler adopted the stipulation as her decision. The stipulation awarded Petitioner a lump sum of $42,000.00 for all damages. The public decision does not detail the specific theory of causation, medical experts, or evidence presented, stating only that the parties agreed to settle while maintaining their positions on causation. The decision date was October 27, 2020. Petitioner's counsel was Shealene Mancuso, and Respondent's counsel was Traci Patton.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_18-vv-00161-0
Date issued/filed: 2020-10-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 9/8/2020) regarding 59 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-00161-UNJ Document 64 Filed 10/27/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-161V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * *
*
*
MICHAEL LEBLOND,
*
* Filed: September 8, 2020
Petitioner, *
*
*
v. * Decision by Stipulation; Damages;
* Influenza (“Flu”) Vaccine; Axonal
SECRETARY OF HEALTH AND * Polyneuropathy.
HUMAN SERVICES, *
*
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * *
Shealene Mancuso, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Traci Patton, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On February 1, 2018, Michael LeBlond (“Petitioner”) filed a petition, seeking
compensation under the National Vaccine Injury Compensation Program (“the Vaccine
Program”).2 Pet., ECF No. 1. Petitioner alleges he suffered from axonal polyneuropathy as a
result of the influenza vaccination he received on September 16, 2016. See Stipulation ¶ 2, 4,
dated September 4, 2020 (ECF No. 58); see also Petition.
Respondent denies “that the flu vaccine caused [P]etitioner to suffer axonal polyneuropathy
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 Decision 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 Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter
“Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the
pertinent subparagraph of 42 U.S.C. § 300aa.

Case 1:18-vv-00161-UNJ Document 64 Filed 10/27/20 Page 2 of 7
or any other injury or his current condition.” See Stipulation ¶ 6. Nonetheless, both parties, while
maintaining their above-stated positions, agreed in a stipulation filed September 4, 2020 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 $42,000.00 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.

Case 1:18-vv-00161-UNJ Document 64 Filed 10/27/20 Page 3 of 7

Case 1:18-vv-00161-UNJ Document 64 Filed 10/27/20 Page 4 of 7

Case 1:18-vv-00161-UNJ Document 64 Filed 10/27/20 Page 5 of 7

Case 1:18-vv-00161-UNJ Document 64 Filed 10/27/20 Page 6 of 7

Case 1:18-vv-00161-UNJ Document 64 Filed 10/27/20 Page 7 of 7