VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01800 Package ID: USCOURTS-cofc-1_18-vv-01800 Petitioner: Mitchell Zuckerman Filed: 2018-11-21 Decided: 2021-02-08 Vaccine: influenza Vaccination date: 2016-09-07 Condition: chronic inflammatory demyelinating polyneuropathy Outcome: compensated Award amount USD: 195000 AI-assisted case summary: On November 21, 2018, Mitchell Zuckerman filed a petition for compensation under the National Vaccine Injury Compensation Program. Mr. Zuckerman alleged that he developed chronic inflammatory demyelinating polyneuropathy (CIDP) after receiving an influenza vaccine on September 7, 2016. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Zuckerman's alleged CIDP or any other injury. The parties reached a settlement agreement. On January 12, 2021, they filed a joint stipulation outlining the terms of the settlement. As part of the agreement, the respondent agreed to pay Mr. Zuckerman a lump sum of $195,000.00, payable by check to Mr. Zuckerman, as compensation for all damages. Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation in the agreed-upon amount. The decision was issued on February 8, 2021. Petitioner counsel was Bridget McCullough, Esq., of Muller Brazil, LLP. Respondent counsel was James Lopez, Esq., of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, clinical details, medical tests, treatments, or expert witnesses involved in this case. Theory of causation field: Petitioner Mitchell Zuckerman alleged that he developed chronic inflammatory demyelinating polyneuropathy (CIDP) after receiving an influenza vaccine on September 7, 2016. Respondent denied causation. The parties reached a joint stipulation for settlement. Respondent agreed to pay a lump sum of $195,000.00 to petitioner for all damages. Special Master Mindy Michaels Roth adopted the stipulation on January 12, 2021, and the decision was issued on February 8, 2021. The public decision does not specify the theory of causation, the mechanism of injury, or name any medical experts. Petitioner was represented by Bridget McCullough, Esq., and respondent by James Lopez, Esq. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01800-0 Date issued/filed: 2021-02-08 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 1/12/2021) regarding 35 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01800-UNJ Document 39 Filed 02/08/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1800V Filed: January 12, 2021 * * * * * * * * * * * * * MITCHELL ZUCKERMAN, * UNPUBLISHED * Petitioner, * Decision on Joint Stipulation; * Chronic Inflammatory v. * Demyelinating Polyneuropathy * (“CIDP”); Influenza (“Flu”) SECRETARY OF HEALTH * Vaccine AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Bridget McCullough, Esq., Muller Brazil, LLP, Dresher, PA, for petitioner. James Lopez, Esq., US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On November 21, 2018, Mitchell Zuckerman (“Mr. Zuckerman” or “petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that he developed chronic inflammatory demyelinating polyneuropathy (“CIDP”) after receiving an influenza (“flu”) vaccination on September 7, 2016. Stipulation, filed Jan. 12, 2021, at ¶¶ 1-4. Respondent denies that the flu vaccine caused petitioner’s alleged CIDP or any other injury or condition. Stipulation at ¶ 6. Nevertheless, the parties have agreed to settle the case. On January 12, 2021, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. 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-01800-UNJ Document 39 Filed 02/08/21 Page 2 of 7 Respondent agrees to issue the following payment: A lump sum of $195,000.00 in the form of a check payable to petitioner, Mitchell Zuckerman. 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-01800-UNJ Document 39 Filed 02/08/21 Page 3 of 7 Case 1:18-vv-01800-UNJ Document 39 Filed 02/08/21 Page 4 of 7 Case 1:18-vv-01800-UNJ Document 39 Filed 02/08/21 Page 5 of 7 Case 1:18-vv-01800-UNJ Document 39 Filed 02/08/21 Page 6 of 7 Case 1:18-vv-01800-UNJ Document 39 Filed 02/08/21 Page 7 of 7