VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01262
Package ID: USCOURTS-cofc-1_18-vv-01262
Petitioner: Gerard Pepeta
Filed: 2018-08-21
Decided: 2020-07-16
Vaccine: influenza
Vaccination date: 2015-09-16
Condition: chronic inflammatory demyelinating polyneuropathy (CIDP)
Outcome: compensated
Award amount USD: 304765

AI-assisted case summary:
On August 21, 2018, Gerard Pepeta filed a petition alleging that an influenza vaccine administered on September 16, 2015, caused him to suffer from chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr. Pepeta's condition. Despite this denial, the parties filed a joint stipulation on July 16, 2020, recommending an award of compensation to the petitioner. Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the court. Mr. Pepeta was awarded a total of $304,765.32. This amount included a lump sum of $304,765.32, which was designated for first-year life care expenses ($4,765.32) and combined lost earnings, pain and suffering, and past unreimbursable expenses ($300,000.00). An additional amount was to be paid to a life insurance company to purchase an annuity contract, as described in the stipulation. The case was resolved based on this stipulation, and judgment was entered accordingly. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case. Ronald C. Homer represented the petitioner, and Christina M. Becer represented the respondent.

Theory of causation field:
Gerard Pepeta alleged that an influenza vaccine administered on September 16, 2015, caused him to suffer from chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Special Master Nora Beth Dorsey. The award included a lump sum of $304,765.32 for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses, plus an amount for an annuity. The public decision does not detail the specific medical mechanism, expert testimony, or evidence presented regarding causation. The case was resolved by stipulation on July 16, 2020. Petitioner counsel was Ronald C. Homer, and respondent counsel was Christina M. Becer.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01262-0
Date issued/filed: 2020-08-10
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 7/16/2020) regarding 61 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made.
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Case 1:18-vv-01262-UNJ Document 64 Filed 08/10/20 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: July 16, 2020
* * * * * * * * * * * * * * * * * * *
GERARD PEPETA, * UNPUBLISHED
*
*
Petitioner, * No. 18-1262V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation;
AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine; Chronic
* Inflammatory Demyelinating
Respondent. * Polyneuropathy (“CIDP”).
*
* * * * * * * * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Christina M. Becer, US Department of Justice, Washington, DC, for respondent.
DECISION BASED ON STIPULATION1
On August 21, 2018, Gerard Pepeta (“petitioner”) filed a petition in the National Vaccine
Injury Compensation Program.2 Petitioner alleged that as a result of an influenza (“flu”) vaccine
administered to him on September 16, 2015, petitioner suffered chronic inflammatory
demyelinating polyneuropathy (“CIDP”). Petition at Preamble.
On July 16, 2020, the parties filed a stipulation recommending an award of compensation
to petitioner. Stipulation (ECF No. 60). Respondent denies that the flu vaccine administered on
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-01262-UNJ Document 64 Filed 08/10/20 Page 2 of 9
or about September 16, 2015 caused petitioner to suffer from CIDP, any other injury, or
petitioner’s current 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 $304,765.32 which amount represents compensation for first year
life care expenses ($4,765.32) and combined lost earnings, pain and suffering,
and past unreimbursable expenses ($300,000.00) in the form of a check payable
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 (the “Life Insurance Company”).
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 petitioners’ 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

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