VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00457
Package ID: USCOURTS-cofc-1_19-vv-00457
Petitioner: Roy Bristow
Filed: 2019-03-28
Decided: 2023-02-24
Vaccine: influenza
Vaccination date: 2017-10-16
Condition: chronic inflammatory demyelinating polyneuropathy (CIDP)
Outcome: compensated
Award amount USD: 175000

AI-assisted case summary:
Roy Bristow filed a petition on March 28, 2019, alleging that he suffered from chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of receiving an influenza vaccine on October 16, 2017. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr. Bristow's condition. The parties reached a stipulation to settle the case, which was filed on February 24, 2023. Under the terms of the stipulation, Mr. Bristow was awarded $175,000.00 as a lump sum payment to compensate for all damages. Special Master Thomas L. Gowen adopted the stipulation and ordered judgment to be entered accordingly. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert testimony. The case was resolved via stipulation, and the specific theory of causation was not determined.

Theory of causation field:
Petitioner Roy Bristow alleged that an influenza vaccine administered on October 16, 2017, caused chronic inflammatory demyelinating polyneuropathy (CIDP). Respondent denied causation. The parties stipulated to a settlement, and Special Master Thomas L. Gowen adopted the stipulation, awarding petitioner $175,000.00 as a lump sum. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation, stating that the theory of causation was not determined. Attorneys involved were Michael Adly Baseluos for the petitioner and Kyle Edward Pozza for the respondent. The decision was signed on February 24, 2023.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00457-2
Date issued/filed: 2023-03-17
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 2/24/2023) regarding 110 DECISION on Stipulation: Signed by Special Master Thomas L. Gowen. (slw) Service on parties made.
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Case 1:19-vv-00457-UNJ Document 115 Filed 03/17/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: February 24, 2023
* * * * * * * * * * * * *
ROY BRISTOW, * Unpublished
*
*
Petitioner, * No. 19-457V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Stipulation; Influenza (“Flu”);
AND HUMAN SERVICES, * Chronic Inflammatory
* Demyelinating Polyneuropathy
Respondent. * (“CIDP”).
* * * * * * * * * * * * *
Michael Adly Baseluos, Baseluos Law Firm, PLLC, for petitioner.
Kyle Edward Pozza, U.S. Department of Justice, Washington, D.C., for respondent.
DECISION ON STIPULATION1
On March 28, 2019, Roy Bristow (“petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner alleged
that as a result of receiving the influenza (“Flu) vaccine on October 16, 2017, he suffered injuries
including chronic inflammatory demyelinating polyneuropathy (“CIDP”). Id.
On February 24, 2023, respondent filed a stipulation providing that a decision should be
entered awarding compensation to petitioner. Stipulation (ECF No. 109). Respondent denies
that the flu vaccine caused petitioner to suffer from CIDP, or any other injury or his current
condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties agree that
the issues between them shall be settled and that a decision should be entered awarding petitioner
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 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
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-00457-UNJ Document 115 Filed 03/17/23 Page 2 of 2
compensation according to the terms of the stipulation attached here to as Appendix A. Id. at ¶
7.
The stipulation awards:
a) A lump sum of $175,000.00 in the form of a check payable to petitioner.
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