VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01153
Package ID: USCOURTS-cofc-1_18-vv-01153
Petitioner: E.M.
Filed: 2018-08-08
Decided: 2021-12-03
Vaccine: influenza
Vaccination date: 2016-10-13
Condition: allergic reaction and related sequelae, including but not limited to hypersensitivity dermatographism, fatigue, myalgia, ocular itching and swelling, exertional dyspnea, anxiety, and parethesias
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
E.M. filed a petition on August 8, 2018, alleging that an influenza vaccine administered on October 13, 2016, caused an allergic reaction and related sequelae. The alleged conditions included hypersensitivity dermatographism, fatigue, myalgia, ocular itching and swelling, exertional dyspnea, anxiety, and paresthesias. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused these conditions or any other injury to the petitioner. Despite the respondent's denial, the parties reached a stipulation for compensation. Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation provided for a lump sum payment of $50,000.00, payable to E.M. This amount is intended to compensate for all damages available under the National Vaccine Injury Compensation Program. The parties agreed to waive their right to seek review, allowing for expedited judgment. The decision was originally filed on October 26, 2021, and refiled in redacted form on December 3, 2021. Ronald Craig Homer represented the petitioner, and Catherine Elizabeth Stolar represented the respondent.

Theory of causation field:
Petitioner E.M. alleged that an influenza vaccine received on October 13, 2016, caused an allergic reaction and related sequelae, including hypersensitivity dermatographism, fatigue, myalgia, ocular itching and swelling, exertional dyspnea, anxiety, and paresthesias. The respondent denied causation. The parties filed a stipulation for compensation, which was adopted by Special Master Nora Beth Dorsey. The stipulation did not detail a specific theory of causation or name any experts. The award was a lump sum of $50,000.00, representing compensation for all damages under 42 U.S.C. § 300aa-15(a). The decision date was December 3, 2021. Petitioner's counsel was Ronald Craig Homer, and respondent's counsel was Catherine Elizabeth Stolar.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01153-1
Date issued/filed: 2021-12-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/26/2021) regarding 91 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (Attachments: # (1) Appendix A)(mjf) Service on parties made.
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Case 1:18-vv-01153-UNJ Document 98 Filed 12/03/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Originally Filed: October 26, 2021
Refiled in Redacted Form: December 3, 2021
* * * * * * * * * * * * * * * * * * *
E.M., * UNPUBLISHED
*
Petitioner, * No. 18-1153V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation; Influenza
AND HUMAN SERVICES, * (“Flu”) Vaccine; Allergic Reaction;
* Hypersensitivity Dermatographism; Fatigue;
Respondent. * Myalgia; Ocular Itching and Swelling;
* Exertional Dyspnea; Anxiety; Parethesias.
* * * * * * * * * * * * * * * * * * *
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Catherine Elizabeth Stolar, US Department of Justice, Washington, DC, for respondent.
DECISION BASED ON STIPULATION1
On August 8, 2018, E.M. (“petitioner”) filed a petition in the National Vaccine Injury
Compensation Program.2 Petitioner alleged that as a result of an influenza (“flu”) vaccine on
October 13, 2016, she developed an allergic reaction and related sequelae, including but not
limited to hypersensitivity dermatographism, fatigue, myalgia, ocular itching and swelling,
exertional dyspnea, anxiety, and parethesias. Amended (“Am.”) Petition at 1, 1 n.2 (ECF No.
56).
1 Because this Decision contains a reasoned explanation for the action in this case, the
undersigned is required to post it on the United States Court of Federal Claims’ website in
accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal
Management and Promotion of Electronic Government Services). This means the Decision will
be available to anyone with access to the Internet. In accordance with Vaccine Rule 18(b),
petitioner has 14 days to identify and move to redact medical or other information, the disclosure
of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned
agrees that the identified material fits within this definition, the undersigned will redact such
material from public access.
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. § 300aa.
1

Case 1:18-vv-01153-UNJ Document 98 Filed 12/03/21 Page 2 of 2
On October 26, 2021, the parties filed a stipulation recommending an award of
compensation to petitioner. Stipulation (ECF No. 90). Respondent denies that petitioner
sustained an allergic reaction and related sequelae, including but not limited to hypersensitivity
dermatographism, fatigue, myalgia, ocular itching and swelling, exertional dyspnea, anxiety, and
parethesias. Respondent also denies that the flu vaccine cause petitioner to suffer any other
injury or condition. Nevertheless, the parties agree to the joint stipulation, attached hereto as
Appendix A. The undersigned finds the stipulation reasonable and adopts 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:
(1) A lump sum of $50,000.00 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). Stipulation at ¶ 8.
The undersigned approves 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/Nora B. Dorsey
Nora B. Dorsey
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