VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01898
Package ID: USCOURTS-cofc-1_18-vv-01898
Petitioner: Wray Paul Abbott
Filed: 2018-12-10
Decided: 2020-09-09
Vaccine: influenza
Vaccination date: 2016-11-10
Condition: acute disseminated encephalomyelitis (ADEM)
Outcome: compensated
Award amount USD: 230000

AI-assisted case summary:
Sharon Colaianni-Abbott, as administrator of the estate of Wray Paul Abbott, filed a petition for compensation under the National Vaccine Injury Compensation Program. Mr. Abbott received an influenza vaccine on November 10, 2016. Petitioner alleged that this vaccination caused Mr. Abbott to develop acute disseminated encephalomyelitis (ADEM), which ultimately led to his death on December 24, 2016. Respondent denied that the flu vaccine caused Mr. Abbott's ADEM, injury, or death. Despite the denial, the parties filed a joint stipulation agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, a lump sum of $230,000.00 was awarded to petitioner as compensation for all items of damages available under the Vaccine Act. The award was made in the form of a check payable to petitioner.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01898-0
Date issued/filed: 2020-09-09
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 8/12/2020) regarding 40 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (et) Service on parties made.
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Case 1:18-vv-01898-UNJ Document 44 Filed 09/09/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1898V
Filed: August 12, 2020
UNPUBLISHED
SHARON COLAIANNI-ABBOTT,
Administrator of the Estate of WRAY
PAUL ABBOTT, deceased,
Joint Stipulation on Damages;
Influenza (Flu) Vaccine; Acute
Petitioner,
Disseminated Encephalomyelitis
v.
(ADEM)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On December 10, 2018, petitioner filed a petition as the administrator of the
estate of Wray Paul Abbott for compensation under the National Vaccine Injury
Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner
alleges that Mr. Abbott suffered acute disseminated encephalomyelitis (“ADEM”), which
lead to his death on December 24, 2016, as a result of his receipt of an influenza (“flu”)
vaccination on November 10, 2016. Petition at 1; Stipulation, filed August 12, 2020, at
¶¶ 1-4. Petitioner further alleges there has been no prior award or settlement of a civil
action for damages on behalf of Mr. Abbott as a result of his condition or his death.
Petition at 2; Stipulation at ¶ 5. “Respondent denies that the flu vaccine caused Mr.
Abbott’s alleged ADEM, any other injury, or his death. ” Stipulation at ¶ 6.
1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will
be posted on the United States Court of Federal Claims’ website in accordance with the E-Government
Act of 2002. See 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 the special master, upon review, agrees that the identified material fits within this definition, it will be
redacted from public access.
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-01898-UNJ Document 44 Filed 09/09/20 Page 2 of 7
Nevertheless, on August 12, 2020, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as the decision of the Court in awarding damages, on the terms
set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $230,000.00 in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under § 15(a). Id.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the
clerk of the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Daniel T. Horner
Daniel T. Horner
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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