VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00136 Package ID: USCOURTS-cofc-1_19-vv-00136 Petitioner: Burnell Buckwalter Filed: 2019-01-28 Decided: 2023-09-13 Vaccine: influenza Vaccination date: 2016-09-27 Condition: chronic inflammatory demyelinating polyneuropathy (CIDP) Outcome: compensated Award amount USD: 306532 AI-assisted case summary: Burnell Buckwalter filed a petition for compensation on January 28, 2019, alleging that he suffered from chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of receiving an influenza vaccine on September 27, 2016. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the petitioner's condition. However, the parties reached a stipulation to settle the case. The stipulation awarded the petitioner a lump sum of $306,532.25 for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses. Additionally, an amount sufficient to purchase an annuity contract was awarded. The decision, filed on September 13, 2023, adopted the stipulation and ordered that judgment be entered in accordance with its terms. The case was settled via stipulation, with the respondent denying causation but agreeing to compensation. Theory of causation field: Off-Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00136-0 Date issued/filed: 2023-10-05 Pages: 10 Docket text: PUBLIC DECISION (Originally filed: 9/13/2023) regarding 80 DECISION Stipulation. Signed by Special Master Thomas L. Gowen. (ms) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00136-UNJ Document 84 Filed 10/05/23 Page 1 of 10 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: September 13, 2023 * * * * * * * * * * * * * BURNELL BUCKWALTER, * Unpublished * * Petitioners, * No. 19-136V * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Bridget C. McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner. Christine M. Becer, U.S. Dept. of Justice, Washington, D.C., for respondent. DECISION ON STIPULATION1 On January 28, 2019, Burnell Buckwalter (“petitioner”) file a petition for compensation in the National Vaccine Injury Compensation Program. 2 Petition (ECF No. 1). Petitioner alleged that as a result of receiving the influenza (“flu”) vaccine on September 27, 2016, he suffered from chronic inflammatory demyelinating polyneuropathy (“CIDP.”). Id. On September 13, 2023, respondent file a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation (ECF No. 79). Respondent denies that the flu vaccine caused petitioner to suffer CIDP, or any other injury or his current condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties agree that the issues 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision contains a reasoned explanation for the action in this case, I am required to post it to a publicly available website. This decision will appear at https://www.govinfo.gov/app/collection/uscourts/national/cofc or on the Court of Federal Claims website. This means the decision will be available to anyone with access to the Internet. Before the decision is posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision will be posted on the court’s website without any changes. Id. 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-10 to 34 (2012) (hereinafter “Vaccine Act” or “the Act”). Hereinafter, individual section references will be to 42 U.S.C. § 300aa of the Act. Case 1:19-vv-00136-UNJ Document 84 Filed 10/05/23 Page 2 of 10 between them shall be settled and that a decision should be entered awarding petitioner compensation according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation awards: 1) A lump sum of $306,532.25, which amount represents compensation for first year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses in the form of a check payable to petitioner; and 2) An amount sufficient to purchase the annuity contract described in paragraph 10 of the stipulation, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”). These amounts represent compensation for all damages that would be available under 42 U.S.C. §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 SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expediated by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:19-vv-00136-UNJ Document 84 Filed 10/05/23 Page 3 of 10 Case 1:19-vv-00136-UNJ Document 84 Filed 10/05/23 Page 4 of 10 Case 1:19-vv-00136-UNJ Document 84 Filed 10/05/23 Page 5 of 10 Case 1:19-vv-00136-UNJ Document 84 Filed 10/05/23 Page 6 of 10 Case 1:19-vv-00136-UNJ Document 84 Filed 10/05/23 Page 7 of 10 Case 1:19-vv-00136-UNJ Document 84 Filed 10/05/23 Page 8 of 10 Case 1:19-vv-00136-UNJ Document 84 Filed 10/05/23 Page 9 of 10 Case 1:19-vv-00136-UNJ Document 84 Filed 10/05/23 Page 10 of 10