VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01325 Package ID: USCOURTS-cofc-1_18-vv-01325 Petitioner: Vicki Parker Filed: 2018-08-29 Decided: 2021-09-14 Vaccine: influenza Vaccination date: 2015-10-01 Condition: neuromyelitis optica Outcome: compensated Award amount USD: 170000 AI-assisted case summary: On August 29, 2018, Vicki Parker filed a petition in the National Vaccine Injury Compensation Program alleging that an influenza vaccine administered on October 1, 2015, caused her to develop neuromyelitis optica (NMO). The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused or significantly aggravated petitioner's NMO or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. The parties, petitioner Vicki Parker and respondent, reached a stipulation for compensation. The stipulation recommended an award of compensation to petitioner. Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Petitioner was awarded a lump sum of $170,000.00, payable to petitioner, as compensation for all damages available under the program. The decision was based on this stipulation, and judgment was entered accordingly. Ronald Craig Homer represented the petitioner, and Debra A. Filteau Begley represented the respondent. The public decision does not describe the onset of symptoms, specific clinical details, or any medical experts consulted. Theory of causation field: Petitioner Vicki Parker alleged that an influenza vaccine administered on October 1, 2015, caused her to develop neuromyelitis optica (NMO). Respondent denied causation. The parties reached a stipulation for compensation, agreeing to an award of $170,000.00 for all damages. Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court. The public decision does not specify the theory of causation, the mechanism of injury, or name any medical experts. The outcome was compensated via stipulation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01325-0 Date issued/filed: 2021-10-12 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 9/14/2021) regarding 80 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01325-UNJ Document 83 Filed 10/12/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: September 14, 2021 * * * * * * * * * * * * * * * * * * * VICKI PARKER, * UNPUBLISHED * Petitioner, * No. 18-1325V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine; * Neuromyelitis Optica (“NMO”). Respondent. * * * * * * * * * * * * * * * * * * * * * Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Debra A. Filteau Begley, US Department of Justice, Washington, DC, for respondent. DECISION BASED ON STIPULATION1 On August 29, 2018, Vicki Parker (“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 1, 2015, she developed neuromyelitis optica (“NMO”). Petition at 1 (ECF No. 1). On September 14, 2021, the parties filed a stipulation recommending an award of compensation to petitioner. Stipulation (ECF No. 79). Respondent denies that petitioner’s flu caused or significantly aggravated her NMO, or any other injury, and denies that her current condition is a sequelae of a vaccine-related injury. Nevertheless, the parties agree to the joint 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-01325-UNJ Document 83 Filed 10/12/21 Page 2 of 7 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 $170,000.00 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 Case 1:18-vv-01325-UNJ Document 83 Filed 10/12/21 Page 3 of 7 Case 1:18-vv-01325-UNJ Document 83 Filed 10/12/21 Page 4 of 7 Case 1:18-vv-01325-UNJ Document 83 Filed 10/12/21 Page 5 of 7 Case 1:18-vv-01325-UNJ Document 83 Filed 10/12/21 Page 6 of 7 Case 1:18-vv-01325-UNJ Document 83 Filed 10/12/21 Page 7 of 7