VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00580 Package ID: USCOURTS-cofc-1_18-vv-00580 Petitioner: Heath Bender Filed: 2018-04-23 Decided: 2022-10-28 Vaccine: influenza Vaccination date: 2016-11-08 Condition: small fiber neuropathy Outcome: compensated Award amount USD: 160000 AI-assisted case summary: Heath Bender filed a petition on April 23, 2018, alleging that the influenza vaccine he received on November 8, 2016, caused him to suffer from small fiber neuropathy (SFN) that lasted for more than six months. The respondent denied that the flu immunization caused Petitioner's alleged SFN or any other injury. On October 11, 2022, the parties filed a stipulation agreeing that a decision should be entered awarding compensation to Petitioner. The stipulation stated that Petitioner would receive a lump sum of $160,000.00 as compensation for all damages. Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court, ordering that judgment be entered in accordance with the terms of the stipulation. Petitioner was represented by Joel H. Lichtenstein, and Respondent was represented by Ryan D. Pyles. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert testimony. Theory of causation field: Petitioner Heath Bender alleged that the influenza vaccine received on November 8, 2016, caused small fiber neuropathy (SFN) lasting more than six months. Respondent denied causation. The parties filed a stipulation for award, agreeing to compensation without admitting causation. Special Master Herbrina Sanders adopted the stipulation. Petitioner received a lump sum award of $160,000.00 for all damages. Petitioner's counsel was Joel H. Lichtenstein, and Respondent's counsel was Ryan D. Pyles. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00580-0 Date issued/filed: 2022-11-21 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/28/2022) regarding 67 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (rig) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00580-UNJ Document 77 Filed 11/21/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: October 28, 2022 * * * * * * * * * * * * * * * * * * * * * * * * * HEATH BENDER, * No. 18-580V * Petitioner, * Special Master Sanders v. * * SECRETARY OF HEALTH * Stipulation for Award; Influenza AND HUMAN SERVICES, * (“Flu”) Vaccine; Small Fiber * Neuropathy (“SFN”) Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Joel H. Lichtenstein, Koskoff, Koskoff & Bieder, Bridgeport, CT, for Petitioner. Ryan D. Pyles, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On April 23, 2018, Heath Bender (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2012). Petitioner alleged that the influenza (“flu”) vaccine he received on November 8, 2016, caused him to suffer from small fiber neuropathy (“SFN”). Pet. at 1, ECF No. 1. Petitioner further alleged that his injury lasted for more than six months. Id. ¶ 7. On October 11, 2022, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Stipulation ¶ 7, ECF No. 66. Respondent “denies that the flu immunization is the cause of [P]etitioner’s alleged SFN and/or any other injury.” Id. ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. See id. ¶ 7. I find the stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulate that Petitioner shall receive the following compensation: A lump sum of $160,000.00 in the form of a check payable to [P]etitioner. This 1 This Decision shall be posted on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2012)). This means the Decision will be available to anyone with access to the Internet. As provided by Vaccine Rule 18(b), each party has 14 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). 2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755. Case 1:18-vv-00580-UNJ Document 77 Filed 11/21/22 Page 2 of 7 amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a) for injuries allegedly related to [P]etitioner’s receipt of the flu vaccine. Id. ¶ 8. I approve the requested amount for Petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Herbrina D. Sanders Herbrina D. Sanders Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:18-vv-00580-UNJ Document 77 Filed 11/21/22 Page 3 of 7 Case 1:18-vv-00580-UNJ Document 77 Filed 11/21/22 Page 4 of 7 Case 1:18-vv-00580-UNJ Document 77 Filed 11/21/22 Page 5 of 7 Case 1:18-vv-00580-UNJ Document 77 Filed 11/21/22 Page 6 of 7 Case 1:18-vv-00580-UNJ Document 77 Filed 11/21/22 Page 7 of 7