VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00117 Package ID: USCOURTS-cofc-1_19-vv-00117 Petitioner: Steven E. Ovenden Filed: 2019-01-23 Decided: 2021-11-02 Vaccine: influenza Vaccination date: 2017-12-07 Condition: encephalitis and cerebral venous thrombosis Outcome: compensated Award amount USD: 65000 AI-assisted case summary: Petitioner Steven E. Ovenden filed a petition for compensation on January 23, 2019, alleging that the influenza vaccine he received on December 7, 2017, caused him to suffer encephalitis and cerebral venous thrombosis. He further alleged that the residual effects of this injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused or significantly aggravated Mr. Ovenden's alleged injuries. Despite the denial, the parties filed a joint stipulation for compensation. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Mr. Ovenden a lump sum payment of $65,000.00, payable by check, as compensation for all damages. The decision was filed on November 2, 2021. Petitioner counsel was Thomas W. Costello of Costello, Valente & Gentry, and respondent counsel was Wei Kit Tai of the United States Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses involved in this case. Theory of causation field: Petitioner Steven E. Ovenden alleged that an influenza vaccine administered on December 7, 2017, caused encephalitis and cerebral venous thrombosis, with residual effects lasting more than six months. This condition is listed in the Vaccine Injury Table. Respondent denied causation or significant aggravation. The parties reached a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation resulted in a lump sum award of $65,000.00 for all damages. The public decision does not detail the specific mechanism of injury, expert testimony, or the evidence considered beyond the stipulation. Petitioner counsel was Thomas W. Costello, and respondent counsel was Wei Kit Tai. The decision date was November 2, 2021. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00117-0 Date issued/filed: 2021-11-30 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 11/3/2021) regarding 65 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (amb) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00117-UNJ Document 69 Filed 11/30/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * STEVEN E. OVENDEN, * * No. 19-117V Petitioner, * Special Master Christian J. Moran * v. * Filed: November 3, 2021 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * encephalitis; cerebral venous * thrombosis. * Respondent. * * * * * * * * * * * * * * * * * * * * * * Thomas W. Costello, Costello, Valente & Gentry, Brattleboro, VT, for Petitioner; Wei Kit Tai, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On November 2, 2021, the parties filed a joint stipulation concerning the petition for compensation filed by Steven Ovenden on January 23, 2019. Petitioner alleged that the influenza (“flu”) vaccine he received on December 7, 2017, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer encephalitis and cerebral venous thrombosis. Petitioner further alleges that he suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. 1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:19-vv-00117-UNJ Document 69 Filed 11/30/21 Page 2 of 2 Respondent denies that the flu vaccine either caused petitioner to suffer from encephalitis or cerebral venous thrombosis or significantly aggravated petitioner’s alleged injuries. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A lump sum payment of $65,000.00 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). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge.