VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00174
Package ID: USCOURTS-cofc-1_18-vv-00174
Petitioner: Carl Konen
Filed: 2018-02-02
Decided: 2021-03-09
Vaccine: influenza
Vaccination date: 2016-09-26
Condition: chronic inflammatory demyelinating polyneuropathy (“CIDP”)
Outcome: compensated
Award amount USD: 314601

AI-assisted case summary:
Carl Konen filed a petition for compensation on February 2, 2018, alleging that the influenza vaccine he received on September 26, 2016, caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or aggravated Mr. Konen's condition. Despite the respondent's denial, the parties reached a stipulation for compensation, which Special Master Christian J. Moran adopted as the decision of the Court. The stipulation awarded Mr. Konen a total of $314,601.13 in lump sum payments. This included $304,168.16 payable to Mr. Konen for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses. Additionally, $1,296.97 was awarded jointly to Mr. Konen and Summa Health System for past unreimbursable expenses, and $9,236.65 was awarded jointly to Mr. Konen and Accredo Health, Inc. for past unreimbursable expenses. The award also included provisions for future expenses through the purchase of an annuity contract. This annuity covers various future unreimbursable expenses, including health insurance out-of-pocket maximums, Medigap C and Medicare Part D expenses, podiatrist, gym, and Tylenol expenses, durable medical equipment like reachers, canes, and walkers, scooter and life chair expenses, home health care, ancillary services, and driving evaluation expenses. These future expense payments begin on the first anniversary of the judgment date and increase at a rate of three percent, compounded annually. The duration of these payments varies, with some paid for the remainder of Mr. Konen's life and others for specified periods up to 2038. Petitioner was represented by Mark T. Sadaka of Mark T. Sadaka, LLC, and respondent was represented by Mollie D. Gorney of the United States Department of Justice. The decision was filed on March 9, 2021.

Theory of causation field:
Petitioner Carl Konen alleged that the influenza vaccine administered on September 26, 2016, caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP), a condition listed on the Vaccine Injury Table. Respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation awarded a total of $314,601.13, comprising lump sum payments for past expenses, lost earnings, and pain and suffering, as well as an annuity for future expenses. The public decision does not detail the specific medical experts, clinical findings, or the precise mechanism of causation relied upon for the stipulation, other than that CIDP is a condition listed on the Vaccine Injury Table. The decision date was March 9, 2021. Petitioner's counsel was Mark T. Sadaka, and respondent's counsel was Mollie D. Gorney.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00174-0
Date issued/filed: 2021-03-09
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 2/3/2021) regarding 65 DECISION Stipulation/Proffer Signed by Special Master Christian J. Moran. (Attachments: # (1) Appendix Joint Stipulation) (jmw) Service on parties made.
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Case 1:18-vv-00174-UNJ Document 70 Filed 03/09/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
CARL KONEN, *
* No. 18-174V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: February 3, 2021
*
SECRETARY OF HEALTH * Stipulation; influenza vaccine;
AND HUMAN SERVICES, * chronic inflammatory demyelinating
* polyneuropathy (“CIDP”)
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Mark T. Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for Petitioner;
Mollie D. Gorney, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION1
On January 12, 2021, the parties filed a joint stipulation concerning the
petition for compensation filed by Carl Konen on February 2, 2018. Petitioner
alleged that the influenza (“flu”) vaccine he received on September 26, 2016,
which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a),
caused him to suffer vaccine-induced chronic inflammatory demyelinating
polyneuropathy (“CIDP”). 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 1:18-vv-00174-UNJ Document 70 Filed 03/09/21 Page 2 of 4
Respondent denies that the vaccine either caused or significantly aggravated
petitioner’s alleged injury or any other injury, and denies that petitioner's current
disabilities are the result of a vaccine-related injury.
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:
1. A lump sum payment of $304,168.16 in the form of a check payable
to petitioner. This amount represents compensation for first year life
care expenses, lost earnings, pain and suffering, and past
unreimbursable expenses.
2. A lump sum payment of $1,296.97 in the form of a check payable
jointly to petitioner and Summa Health System. This amount
represents compensation for past unreimbursable expenses.
Petitioner agrees to endorse this check to Summa Health System.
3. A lump sum payment of $9,236.65 in the form of a check payable
jointly to petitioner and Accredo Health, Inc. This amount
represents compensation for past unreimbursable expenses.
Petitioner agrees to endorse this check to Accredo Health, Inc.
The above amounts represent compensation for all damages that would
be available under 42 U.S.C. § 300aa-15(a).
4. An amount sufficient to purchase the annuity contract described
below and in paragraph 10 of the stipulation, paid to the life
insurance company from which the annuity contract will be
purchased:
a. For future unreimbursable Health Insurance Maximum out of
pocket expenses, beginning on the first anniversary of the date
of judgment, an annual amount of $5,600.00 to be paid up to
the anniversary of the date of judgment in year 2023,
increasing at the rate of three percent (3%), compounded
annually from the date of judgment.
2

Case 1:18-vv-00174-UNJ Document 70 Filed 03/09/21 Page 3 of 4
b. For future unreimbursable Medigap C and Medicare Part D
expenses, beginning on the first anniversary of the date of
judgment in 2023, an annual amount of $4,021.75 to be paid
for the remainder of petitioner’s life, increasing at the rate of
three percent (3%), compounded annually from the date of
judgment.
c. For future unreimbursable Podiatrist, Gym, and Tylenol
expenses, beginning on the first anniversary of the date of
judgment, an annual amount of $1,049.97 to be paid for the
remainder of petitioner’s life, increasing at the rate of three
percent (3%), compounded annually from the date of
judgment.
d. For future unreimbursable Reacher, Raise Toilet Seat, Cane,
Walker, Shower Chair, Handheld Showever, and Lifeline
expenses, beginning on the first anniversary of the date of
judgment, an annual amount of $434.18 to be paid for the
remainder of petitioner’s life, increasing at the rate of three
percent (3%), compounded annually from the date of
judgment.
e. For future unreimbursable Scooter, Scooter Battery, Scooter
Maintenance, Scooter Life, and Life Chair expenses, beginning
on the first anniversary of the date of judgment, an annual
amount of $744.28 to be paid for the remainder of petitioner’s
life, increasing at the rate of three percent (3%), compounded
annually from the date of judgment.
f. For future unreimbursable Home Health Care expenses,
beginning on the first anniversary of the date of judgment, an
annual amount of $13,000.00 to be paid up to the anniversary
of the date of judgment in year 2028. Then, beginning on the
anniversary of the date of judgment in year 2028, an annual
amount of $15,600.00 to be paid up to the anniversary of the
date of judgment in year 2038. Thereafter, beginning on the
anniversary of the date of judgment in year 2038, an annual
amount of $18,200.00, to be paid for the remainder of
petitioner’s life, all amounts increasing at the rate of three
3

Case 1:18-vv-00174-UNJ Document 70 Filed 03/09/21 Page 4 of 4
percent (3%), compounded annually from the date of
judgment.
g. For future unreimbursable Ancillary Service expenses,
beginning on the first anniversary of the date of judgment, an
annual amount of $1,750.00 to be paid up to the anniversary of
the date of judgment in year 2030, increasing at the rate of
three percent (3%), compounded annually from the date of
judgment.
h. For future unreimbursable Driving Evaluation expenses,
beginning on the first anniversary of the date of judgment, an
annual amount of $130.00 to be paid up to the anniversary of
the date of judgment in year 2036, increasing at the rate of
three percent (3%), compounded annually from the date of
judgment.
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.
4