VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00357
Package ID: USCOURTS-cofc-1_19-vv-00357
Petitioner: Estate of Daniel W. McAvoy
Filed: 2019-03-08
Decided: 2020-12-17
Vaccine: influenza
Vaccination date: 2016-10-12
Condition: cellulitis
Outcome: compensated
Award amount USD: 86599

AI-assisted case summary:
Patricia L. McAvoy, as personal representative of the Estate of Daniel W. McAvoy, filed a petition on March 8, 2019, alleging that Daniel W. McAvoy suffered cellulitis as a result of receiving an influenza vaccine on October 12, 2016. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Mr. McAvoy's alleged cellulitis or any other injury, and also denied that his death was a sequela of an alleged vaccine-related injury. Despite these denials, the parties reached a stipulation to settle the issues. The stipulation awarded compensation to the petitioner in the amount of $86,599.04, payable as a lump sum check to Patricia L. McAvoy as personal representative of the estate of Daniel W. McAvoy. This amount was intended to cover all damages available under 42 U.S.C. § 300aa-15(a). Special Master Thomas L. Gowen adopted the stipulation and ordered judgment to be entered accordingly on December 17, 2020. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation. The attorneys involved were Andrew D. Downing for the petitioner and Claudia B. Gangi for the respondent.

Theory of causation field:
Petitioner alleged that Daniel W. McAvoy suffered cellulitis as a result of receiving an influenza vaccine on October 12, 2016. Respondent denied causation. The parties reached a stipulation for award, settling the case. The stipulation awarded $86,599.04. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The decision was issued by Special Master Thomas L. Gowen on December 17, 2020. Petitioner was represented by Andrew D. Downing, and respondent by Claudia B. Gangi.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00357-0
Date issued/filed: 2021-01-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/17/2020) regarding 45 DECISION Stipulation/Proffer. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made.
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Case 1:19-vv-00357-UNJ Document 51 Filed 01/15/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: December 17, 2020
* * * * * * * * * * * * *
PATRICIA L. MCAVOY, * Unpublished
As personal representative of, *
ESTATE OF DANIEL W. MCAVOY *
*
Petitioner, * No. 19-357V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Influenza (“flu”); Cellulitis;
* Stipulation for Award.
Respondent. *
* * * * * * * * * * * *
Andrew D. Downing, Van Cott & Talamante, PLLC, for petitioner.
Claudia B. Gangi, Department of Justice, Washington, D.C., for respondent.
DECISION FOR STIPULATION1
On March 8, 2019, Patricia L. McAvoy, as personal representative of the Estate of Daniel
W. McAvoy (“petitioner”)2, filed a petition in the National Vaccine Injury Program.3 Mr. Daniel
McAvoy received an influenza vaccine on October 12, 2016. Petition at ¶ 2 (ECF No. 1).
Petitioner alleges that as a result of Daniel McAvoy receiving the influenza vaccine, he suffered
cellulitis. Id. at ¶ 4; Stipulation at ¶ 4 (ECF No. 44).
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a
reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of
Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the
opinion will be available to anyone with access to the Internet. Before the opinion 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 opinion will be posted on the
court’s website without any changes. Id.
2 On January 28, 2020, petitioner filed a motion to substitute party and notice of death. ECFF No. 33. Petitioner’s
motion was granted ton January 31, 2020. ECF No. 34
3 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-1 to -34 (2012)
(Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. §
300aa.

Case 1:19-vv-00357-UNJ Document 51 Filed 01/15/21 Page 2 of 7
On December 17, 2020, respondent filed a stipulation providing that a decision should be
entered awarding compensation to petitioner. Stipulation at ¶ 7. Respondent denies that the flu
vaccine caused Mr. McAvoy’s alleged cellulitis or any other injury and further denies that his
death was a sequela of an alleged vaccine-related injury. Id. at ¶ 6. Maintaining their above
stated positions, the parties nevertheless now agree that the issues between them shall be settled
and that a decision should be entered awarding the compensation to petitioner according to the
terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7.
The stipulation awards:
1) A lump sum of $86,599.04 in the form of a check payable to petitioner as
personal representative of the estate of Daniel W. McAvoy. This amount
represents 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.4
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
4 Entry of judgment is expediated by each party’s filing notice renouncing the right to seek review. Vaccine Rule
11(a).
2

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