VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01364
Package ID: USCOURTS-cofc-1_18-vv-01364
Petitioner: E.D.
Filed: 2018-09-06
Decided: 2022-05-12
Vaccine: influenza
Vaccination date: 2016-09-25
Condition: sudden vison loss, eye pain, visual field defect, optic atrophy, post-inflammatory optic neuropathy, optic neuritis, and inferior arcuate scotoma in the right eye
Outcome: compensated
Award amount USD: 122000

AI-assisted case summary:
On September 6, 2018, E.D. filed a petition for compensation under the National Vaccine Injury Program. The petitioner alleged that on September 25, 2016, he received an Influenza ("flu") vaccine and subsequently sustained injuries including sudden vision loss, eye pain, visual field defect, optic atrophy, post-inflammatory optic neuropathy, optic neuritis, and inferior arcuate scotoma in his right eye. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the petitioner's alleged injuries. However, the parties reached a stipulation for an award. On May 12, 2022, the parties filed a stipulation agreeing that compensation should be awarded to the petitioner. The stipulation provided for a lump sum payment of $122,000.00 to the petitioner, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Special Master Thomas L. Gowen adopted the stipulation and awarded compensation in that amount. The decision was filed on May 12, 2022, and subsequently posted on the court's website on June 21, 2022, after the standard 14-day period for redaction requests.

Theory of causation field:
Petitioner E.D. alleged that an Influenza ("flu") vaccine administered on September 25, 2016, caused injuries including sudden vision loss, eye pain, visual field defect, optic atrophy, post-inflammatory optic neuropathy, optic neuritis, and inferior arcuate scotoma in the right eye. The respondent denied causation. The parties reached a stipulation for award, agreeing to settle the issues. The stipulation provided for a lump sum payment of $122,000.00 to the petitioner for all damages. Special Master Thomas L. Gowen adopted the stipulation and awarded compensation on May 12, 2022. The public decision does not describe the specific theory of causation, medical experts, clinical details, or the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01364-0
Date issued/filed: 2022-06-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 5/12/2022) regarding 72 DECISION Stipulation. Signed by Special Master Thomas L. Gowen. (slw) Service on parties made.
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Case 1:18-vv-01364-UNJ Document 80 Filed 06/21/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: May 12, 2022
* * * * * * * * * * * * *
E.D., *
*
Petitioner, * No. 18-1364V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Stipulation for Award;
AND HUMAN SERVICES, * Influenza (“flu”) vaccine;
* Optic Neuritis.
Respondent. *
* * * * * * * * * * * * *
Robert Joel Krakow, Law office of Robert J. Krakow, P.C., New York, NY, for petitioner.
Claudia Barnes Gangi, Department of Justice, Washington, D.C., for respondent.
DECISION FOR STIPULATION1
On September 6, 2018, E.D. (“petitioner”) filed a petition for compensation under the
National Vaccine Injury Program.2 Petitioner alleged that as a result of receiving the Influenza
(“flu”) vaccine on September 25, 2016, he sustained injuries including sudden vison loss, eye
pain, visual field defect, optic atrophy, post-inflammatory optic neuropathy, optic neuritis, and
inferior arcuate scotoma in the right eye. Petition at Preamble.
On May 12, 2022, respondent filed a stipulation providing that a decision should be
entered awarding compensation to petitioner. Stipulation (“Stip.”) (ECF No. 73). Respondent
denies that the flu vaccine is the cause of petitioner’s alleged injuries, or any other injury or his
current condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties
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-01364-UNJ Document 80 Filed 06/21/22 Page 2 of 2
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:
1) A lump sum of $122,000.00 in the form of a check payable to petitioner. This
amount represents compensation for all damage that would be available under
42 U.S.C. § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount
and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in
accordance with the terms of the parties’ stipulation.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