VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00324 Package ID: USCOURTS-cofc-1_18-vv-00324 Petitioner: Lesa Myers Filed: 2018-03-01 Decided: 2025-04-17 Vaccine: influenza Vaccination date: 2016-10-27 Condition: chronic inflammatory demyelinating polyneuropathy (CIDP) Outcome: compensated Award amount USD: 83828 AI-assisted case summary: Lesa Myers filed a claim alleging that she suffered chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of receiving an influenza vaccine on October 27, 2016. Her petition was filed with the Court of Federal Claims on March 1, 2018. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Myers' CIDP or any other condition. Despite maintaining their respective positions, the parties reached a stipulation to settle the case and award compensation to Ms. Myers. The stipulation provided for a lump sum of $83,828.19, which covered the first year of life care expenses and combined pain and suffering and past unreimbursable expenses. An additional amount was to be paid to purchase an annuity contract for future damages. The Special Master adopted the stipulation and awarded compensation accordingly. The decision was issued on April 17, 2025. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00324-0 Date issued/filed: 2025-06-16 Pages: 10 Docket text: PUBLIC DECISION (Originally filed: 04/18/2025) regarding 78 DECISION Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00324-UNJ Document 81 Filed 06/16/25 Page 1 of 10 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: April 18, 2025 * * * * * * * * * * * * * LESA MYERS, * * Petitioner, * No. 18-324V * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Lawrence R. Cohan, Saltz Mongeluzzi & Bendesky, Philadelphia, PA, for petitioner. Meghan Murphy, U.S. Department of Justice, Washington, D.C., for respondent. DECISION ON STIPULATION1 On March 1, 2018, Lesa Myers (“petitioner”) filed her claim for compensation in the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner alleged that as a result of receiving the influenza (“flu”) vaccine on October 27, 2016, she suffered chronic inflammatory demyelinating polyneuropathy (“CIDP”). Id. at Preamble. On April 17, 2025, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation (ECF No. 77). Respondent denies that the flu vaccine petitioner caused her to suffer CIDP, any other injury or her current condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties now agree that the issues between them settled and that a decision should be entered awarding petitioner compensation in accordance with the stipulation attached hereto as Appendix A. Id. at ¶ 7. 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision contains a reasoned explanation for the action in this case, I am required to post it to a publicly available website. This decision will appear at https://www.govinfo.gov/app/collection/uscourts/national/cofc or on the Court of Federal Claims website. This means the decision will be available to anyone with access to the Internet. Before the decision 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 decision 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-00324-UNJ Document 81 Filed 06/16/25 Page 2 of 10 The stipulation provides: 1) A lump sum of $83,828.19, which amount represents compensation for the first year life care expenses ($8,828.19) and combined pain and suffering and past unreimbursable expenses ($75,000.00), to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner; 2) 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). 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 expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:18-vv-00324-UNJ Document 81 Filed 06/16/25 Page 3 of 10 Case 1:18-vv-00324-UNJ Document 81 Filed 06/16/25 Page 4 of 10 Case 1:18-vv-00324-UNJ Document 81 Filed 06/16/25 Page 5 of 10 Case 1:18-vv-00324-UNJ Document 81 Filed 06/16/25 Page 6 of 10 Case 1:18-vv-00324-UNJ Document 81 Filed 06/16/25 Page 7 of 10 Case 1:18-vv-00324-UNJ Document 81 Filed 06/16/25 Page 8 of 10 Case 1:18-vv-00324-UNJ Document 81 Filed 06/16/25 Page 9 of 10 Case 1:18-vv-00324-UNJ Document 81 Filed 06/16/25 Page 10 of 10