VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00904
Package ID: USCOURTS-cofc-1_18-vv-00904
Petitioner: Benjamin Noel Foster
Filed: 2018-06-25
Decided: 2022-04-04
Vaccine: multiple
Vaccination date: 2015-07-24
Condition: chronic inflammatory demyelinating polyneuropathy (CIDP)
Outcome: compensated
Award amount USD: 250000

AI-assisted case summary:
Benjamin Noel Foster filed a petition on June 25, 2018, alleging that he suffered from chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of receiving the hepatitis A, Tdap, and meningococcal (MCV4) vaccines on July 24, 2015. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused petitioner's CIDP or any other injury. The parties reached a stipulation to settle the case, agreeing that a decision should be entered awarding compensation to the petitioner. The stipulation provided for a lump sum award of $250,000.00, payable to the petitioner by check, as compensation for all damages. The decision, dated April 4, 2022, entered judgment in accordance with the terms of the stipulation. Special Master Thomas L. Gowen issued the decision. Petitioner's counsel was Glen H. Sturtevant, Jr. of Rawls Law Group. Respondent's counsel was Mark K. Hellie of the U.S. Department of Justice. The public decision does not describe the petitioner's specific clinical story, onset of symptoms, diagnostic tests, treatments, or the medical experts consulted by either party. The specific mechanism of causation was not detailed in the public decision.

Theory of causation field:
Petitioner Benjamin Noel Foster alleged that the hepatitis A, Tdap, and meningococcal (MCV4) vaccines administered on July 24, 2015, caused his chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent denied causation. The parties entered into a stipulation for settlement, agreeing to an award of $250,000.00 for all damages. The public decision does not detail the specific theory of causation, medical experts, or evidence presented. The decision was issued by Special Master Thomas L. Gowen on April 4, 2022, based on the stipulation filed on March 8, 2022. Petitioner was represented by Glen H. Sturtevant, Jr., and respondent by Mark K. Hellie.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00904-0
Date issued/filed: 2022-04-04
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/08/2022) regarding 72 DECISION Stipulation. Signed by Special Master Thomas L. Gowen. (slw) Service on parties made.
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Case 1:18-vv-00904-UNJ Document 76 Filed 04/04/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: March 8, 2022
* * * * * * * * * * * * * Unpublished
BENJAMIN NOEL FOSTER, *
Petitioner, * No. 18-904V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Decision on Stipulation;
AND HUMAN SERVICES, * hepatitis A (“Hep A”);
* Tdap; meningococcal (“MCV4”);
* chronic inflammatory
* Demyelinating polyneuropathy
* (“CIDP”).
Respondent. *
* * * * * * * * * * * * *
Glen H. Sturtevant, Jr., Rawls Law Group, Richmond, VA, for petitioner.
Mark K. Hellie, U.S. Department of Justice, Washington, D.C., for respondent.
DECISION ON STIPULATION1
On June 25, 2018, Benjamin Noel Foster (“petitioner”), filed a petition for compensation
under the National Vaccine Injury Program.2 Petition (ECF No. 1). Petitioner alleges that as a
result of the hepatitis A (“Hep A”), tetanus diphtheria, and acellular pertussis (“Tdap”), and the
meningococcal (“MCV4”) vaccines received on July 24, 2015, he suffered from chronic
inflammatory demyelinating polyneuropathy (“CIDP”). Id. at Preamble.
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-00904-UNJ Document 76 Filed 04/04/22 Page 2 of 2
On March 8, 2022, respondent filed a stipulation providing that a decision should be
entered awarding compensation to petitioner. Stipulation (ECF No. 71). Respondent denies that
the Hep A, Tdap, or MCV4 vaccines caused petitioner’s CIDP 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
compensation to the petitioner according to the terms of the stipulation attached hereto as
Appendix A. Id. at ¶ 7.
The stipulation provides:
a) A lump sum of $250,000.00 in the form of a check payable to petitioner.
These amounts represent compensation for all damages that would be available under 42 U.S.C.
§300aa-15(a).
Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with
the terms of the stipulation and this decision.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