VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00182
Package ID: USCOURTS-cofc-1_18-vv-00182
Petitioner: Mary Simon
Filed: 2018-02-06
Decided: 2020-04-22
Vaccine: influenza
Vaccination date: 2017-02-03
Condition: optic neuritis
Outcome: compensated
Award amount USD: 200000

AI-assisted case summary:
Mary Simon filed a petition for compensation under the National Vaccine Injury Program on February 6, 2018, alleging that she suffered optic neuritis as a result of receiving an influenza vaccine on February 3, 2017. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her alleged injuries. The public decision does not describe the specific onset of symptoms, clinical details, or any medical experts consulted. However, the parties reached a stipulation to settle the case. The stipulation provided for a lump sum award of $200,000.00 to compensate Ms. Simon for all damages. Special Master Thomas L. Gowen adopted the stipulation and entered judgment accordingly. The decision was filed on April 22, 2020. Petitioner was represented by Leah V. Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Christine M. Becer of the U.S. Dept. of Justice.

Theory of causation field:
Petitioner Mary Simon alleged that she suffered optic neuritis as a result of receiving an influenza vaccine on February 3, 2017. The respondent denied causation. The parties reached a stipulation for settlement, and Special Master Thomas L. Gowen adopted the stipulation, awarding $200,000.00 as a lump sum for all damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The decision was filed on April 22, 2020. Petitioner's counsel was Leah V. Durant, and respondent's counsel was Christine M. Becer.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_18-vv-00182-0
Date issued/filed: 2020-05-19
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/22/2020) regarding 44 DECISION Stipulation/Proffer. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-00182-UNJ Document 45 Filed 05/19/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: April 22, 2020
* * * * * * * * * * * * *
MARY SIMON, * UNPUBLISHED
*
Petitioner, * No. 18-182V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Stipulation for Award;
AND HUMAN SERVICES, * Influenza (“flu”) Vaccine;
* Optic Neuritis.
Respondent. *
* * * * * * * * * * * * *
Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, D.C., for petitioner.
Christine M. Becer, U.S. Dept. of Justice, Washington, D.C., for respondent.
DECISION FOR STIPULATION1
On February 6, 2018, Mary Simon (“petitioner”), filed a petition for compensation under
the National Vaccine Injury Program.2 Petition (ECF No. 1). Petitioner received an influenza
(“flu”) vaccine on February 3, 2017. Stipulation at ¶ 2 (ECF No. 43). Petitioner alleges that as a
result of receiving the flu vaccine, she suffered optic neuritis. Petition at ¶ 5; Stipulation at ¶ 4.
On April 21, 2020, respondent filed a stipulation providing that a decision should be
entered awarding compensation to petitioner. Stipulation at ¶ 7. Respondent denies that the flu
vaccine is the cause of petitioner’s alleged injuries, or any other injury or his current condition.
Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties now agree that the
issues between them shall be settled and that a decision should be entered awarding the
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a
reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of
Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the
opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s
website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the
decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the
court’s website without any changes. 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. §§ 300aa-1 to -34 (2012)
(Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. §
300aa.

Case 1:18-vv-00182-UNJ Document 45 Filed 05/19/20 Page 2 of 7
compensation to the petitioner according to the terms of the stipulation attached hereto as
Appendix A. Id. at ¶ 7.
The stipulation provides:
1) A lump sum of $200,000.00, in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount
and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in
accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment is expediated by each party’s filing notice renouncing the right to seek review. Vaccine Rule
11(a).
2

Case 1:18-vv-00182-UNJ Document 45 Filed 05/19/20 Page 3 of 7

Case 1:18-vv-00182-UNJ Document 45 Filed 05/19/20 Page 4 of 7

Case 1:18-vv-00182-UNJ Document 45 Filed 05/19/20 Page 5 of 7

Case 1:18-vv-00182-UNJ Document 45 Filed 05/19/20 Page 6 of 7

Case 1:18-vv-00182-UNJ Document 45 Filed 05/19/20 Page 7 of 7