VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00201 Package ID: USCOURTS-cofc-1_19-vv-00201 Petitioner: Douglas Porter Filed: 2021-01-22 Decided: 2021-02-17 Vaccine: influenza Vaccination date: 2017-10-07 Condition: Chronic Demyelinating Polyneuropathy (CIDP) Outcome: compensated Award amount USD: 105000 AI-assisted case summary: Douglas Porter filed a petition for compensation under the National Vaccine Injury Compensation Program on January 22, 2021. He alleged that he suffered from Chronic Demyelinating Polyneuropathy (CIDP) after receiving an influenza vaccine on October 7, 2017. The respondent, the Secretary of Health and Human Services, denied that the immunization caused the alleged injury. However, the parties reached a settlement agreement. The respondent agreed to issue a payment of $105,000.00 as a lump sum, payable to Douglas Porter, representing compensation for all damages available under the program. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded the compensation. The decision was filed on February 17, 2021. Paul Brazil, Esq., represented the petitioner, and Heather Pearlman, Esq., represented the respondent. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert witnesses. Theory of causation field: Douglas Porter filed a petition alleging CIDP following an influenza vaccine on October 7, 2017. The respondent denied causation. The parties stipulated to a settlement. The Special Master adopted the stipulation, awarding $105,000.00 as a lump sum. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case was handled by petitioner counsel Paul Brazil and respondent counsel Heather Pearlman, with Special Master Mindy Michaels Roth issuing the decision on February 17, 2021. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00201-0 Date issued/filed: 2021-02-17 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 1/22/2021) regarding 33 DECISION Stipulation. Signed by Special Master Mindy Michaels Roth. (ec) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00201-UNJ Document 36 Filed 02/17/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-201V Filed: January 22, 2021 * * * * * * * * * * * * * * * DOUGLAS PORTER, * * UNPUBLISHED Petitioner, * v. * Decision on Joint Stipulation; * Chronic Demyelinating SECRETARY OF HEALTH * Polyneuropathy (“CIDP”); AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine * Respondent. * * * * * * * * * * * * * * * * Paul Brazil, Esq., Muller Brazil LLP, Dresher, PA, for petitioner. Heather Pearlman, Esq., US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On February 5, 2019, Douglas Porter [“Mr. Porter” or “petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that he suffered from Chronic Demyelinating Polyneuropathy (“CIDP”) after receiving an influenza (“flu”) vaccination on October 7, 2017. Stipulation, filed Jan. 21, 2020 at ¶¶ 1-4. Respondent denies that the immunization caused petitioner’s injury. Stipulation at ¶ 6. Nevertheless, the parties have agreed to settle the case. On January 21, 2020, 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’ 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 1:19-vv-00201-UNJ Document 36 Filed 02/17/21 Page 2 of 7 Respondent agrees to issue the following payment: A lump sum of $105,000.00 in the form of a check payable to petitioner, Douglas Porter. 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 1:19-vv-00201-UNJ Document 36 Filed 02/17/21 Page 3 of 7 Case 1:19-vv-00201-UNJ Document 36 Filed 02/17/21 Page 4 of 7 Case 1:19-vv-00201-UNJ Document 36 Filed 02/17/21 Page 5 of 7 Case 1:19-vv-00201-UNJ Document 36 Filed 02/17/21 Page 6 of 7 Case 1:19-vv-00201-UNJ Document 36 Filed 02/17/21 Page 7 of 7