VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01590 Package ID: USCOURTS-cofc-1_18-vv-01590 Petitioner: M.B. Filed: 2018-10-15 Decided: 2019-07-30 Vaccine: influenza Vaccination date: 2015-10-27 Condition: myositis Outcome: compensated Award amount USD: 165000 AI-assisted case summary: On October 15, 2018, Scott and Candy Bowsher, as natural parents on behalf of their minor child M.B., filed a petition for compensation under the National Childhood Vaccine Injury Act. They alleged that M.B. developed myositis after receiving an influenza vaccine on October 27, 2015. The respondent, the Secretary of Health and Human Services, denied that the vaccination caused M.B.'s alleged myositis or any other injury or current condition. The parties subsequently filed a joint stipulation to settle the case. The respondent agreed to pay a lump sum of $165,000.00, payable to the petitioners as legal guardian(s)/conservator(s) of M.B. for M.B.'s benefit, as compensation for all damages available under the Act. Special Master Mindy Michaels Roth adopted the stipulation and awarded the compensation on July 30, 2019. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses. The attorneys involved were Kathy Lee, Esq., of Cline, Farrell, et al., for the petitioners, and Julia Collison, Esq., of the U.S. Department of Justice, for the respondent. Theory of causation field: Petitioners alleged that M.B. developed myositis after receiving an influenza vaccine on October 27, 2015. Respondent denied causation. The parties reached a settlement via joint stipulation, and the Special Master adopted the stipulation. The public decision does not specify the theory of causation, the mechanism of injury, or any expert testimony. The settlement award was $165,000.00. The decision was issued by Special Master Mindy Michaels Roth on July 30, 2019. Petitioners' counsel was Kathy Lee, Esq., and respondent's counsel was Julia Collison, Esq. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01590-0 Date issued/filed: 2019-08-26 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 7/30/2019) regarding 23 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01590-UNJ Document 27 Filed 08/26/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1590V Filed: July 30, 2019 * * * * * * * * * * * * * SCOTT BOWSHER and CANDY * UNPUBLISHED BOWSHER, Natural Father and * Mother, on behalf of MB, a Minor * * Petitioners, * Decision on Joint Stipulation; * Myositis; Influenza (“Flu”) v. * Vaccine * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Kathy Lee, Esq., Cline, Farrell, et al., Indianapolis, IN, for petitioners. Julia Collison, Esq., US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On October 15, 2018, Scott and Candy Bowsher [“petitioners”] filed a petition for compensation under the National Vaccine Injury Compensation Program2 on behalf of their minor child, M.B. Petitioners alleged that M.B. developed myositis after receiving an influenza (“flu”) vaccination on October 27, 2015. Stipulation, filed July 30, 2019, at ¶¶ 1-4. Respondent denies that the aforementioned immunizations caused M.B.’s alleged myositis or any other injury or his current condition. Stipulation at ¶ 6. 1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107- 347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision will be available to anyone with access to the internet. However, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request 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). Otherwise, the whole Decision will be available to the public. Id. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:18-vv-01590-UNJ Document 27 Filed 08/26/19 Page 2 of 7 Nevertheless, the parties have agreed to settle the case. On July 30, 2019, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to issue the following payment: A lump sum of $165,000.00 in the form of a check payable to petitioners, as legal guardian(s)/conservator(s) of the state of M.B. for the benefit of M.B. This amount represents compensation for all damages that would be available under § 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 is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2 Case 1:18-vv-01590-UNJ Document 27 Filed 08/26/19 Page 3 of 7 Case 1:18-vv-01590-UNJ Document 27 Filed 08/26/19 Page 4 of 7 Case 1:18-vv-01590-UNJ Document 27 Filed 08/26/19 Page 5 of 7 Case 1:18-vv-01590-UNJ Document 27 Filed 08/26/19 Page 6 of 7 Case 1:18-vv-01590-UNJ Document 27 Filed 08/26/19 Page 7 of 7