VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01661 Package ID: USCOURTS-cofc-1_18-vv-01661 Petitioner: Sheree Kaufman Filed: 2018-10-26 Decided: 2020-08-19 Vaccine: influenza Vaccination date: 2015-11-13 Condition: chronic inflammatory demyelinating polyneuropathy Outcome: compensated Award amount USD: 175000 AI-assisted case summary: On October 26, 2018, Sheree Kaufman filed a petition in the National Vaccine Injury Compensation Program alleging that an influenza vaccine administered on November 13, 2015, caused her to develop chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Ms. Kaufman's condition or any other injury. Despite the denial, the parties filed a stipulation on August 19, 2020, recommending an award of compensation. Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court. Ms. Kaufman was awarded a lump sum of $175,000.00, payable to her, as compensation for all damages available under the National Vaccine Injury Compensation Program. The decision was based on this stipulation, and judgment was to be entered accordingly. Petitioner was represented by Nancy Meyers of Turning Point Litigation, and respondent was represented by Kyle Pozza of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner Sheree Kaufman alleged that an influenza vaccine administered on November 13, 2015, caused her to develop chronic inflammatory demyelinating polyneuropathy (CIDP). Respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Special Master Nora Beth Dorsey. The stipulation recommended a lump sum award of $175,000.00 for all damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the CIDP. The award was based on the stipulation, not a finding of causation after litigation. Attorneys for petitioner were Nancy Meyers and for respondent was Kyle Pozza. The decision date was August 19, 2020. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01661-0 Date issued/filed: 2020-09-14 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 8/19/2020) regarding 36 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (Attachments: # (1) Appendix A)(mca) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01661-UNJ Document 40 Filed 09/14/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: August 19, 2020 * * * * * * * * * * * * * * * * * * * SHEREE KAUFMAN, * UNPUBLISHED * Petitioner, * No. 18-1661V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine; Chronic * Inflammatory Demyelinating Respondent. * Polyneuropathy (“CIDP”). * * * * * * * * * * * * * * * * * * * * Nancy Meyers, Turning Point Litigation, Greensboro, NC, for petitioner. Kyle Pozza, U.S. Department of Justice, Washington, DC, for respondent. DECISION BASED ON STIPULATION1 On October 26, 2018, Sheree Kaufman (“petitioner”) filed a petition in the National Vaccine Injury Compensation Program.2 Petitioner alleged that as a result of an influenza (“flu”) vaccination administered to her on November 13, 2015, petitioner suffered from chronic inflammatory demyelinating polyneuropathy (“CIDP”). Petition at 1-2. On August 19, 2020, the parties filed a stipulation recommending an award of compensation to petitioner. Stipulation (ECF No. 35). Respondent denies that the flu vaccine administered on November 13, 2015 caused petitioner to suffer CIDP, or any other injury, or 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-01661-UNJ Document 40 Filed 09/14/20 Page 2 of 2 petitioner’s current condition. Id. ¶ 6. 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: A lump sum of $175,000.00 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 Beth Dorsey Nora Beth 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