VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00888
Package ID: USCOURTS-cofc-1_19-vv-00888
Petitioner: C.Y.Y.
Filed: 2019-06-18
Decided: 2020-06-16
Vaccine: influenza
Vaccination date: 2016-09-15
Condition: transverse myelitis (“TM”), quadriparesis, and acute disseminated encephalomyelitis (“ADEM”)
Outcome: compensated
Award amount USD: 72575

AI-assisted case summary:
George and Belina Youhana, on behalf of their minor child C.Y.Y., filed a petition on June 18, 2019, alleging that an influenza vaccine administered on September 15, 2016, caused C.Y.Y. to suffer transverse myelitis (TM), quadriparesis, and acute disseminated encephalomyelitis (ADEM). The petitioners further alleged that C.Y.Y. experienced residual effects from these injuries for more than six months and represented that there had been no prior award or settlement of a civil action for damages on C.Y.Y.'s behalf. The respondent denied that the vaccine caused or significantly aggravated C.Y.Y.'s alleged injuries. The parties subsequently filed a joint stipulation for compensation, which Special Master Christian J. Moran found to be reasonable and adopted as the decision of the Court. The stipulation awarded C.Y.Y. a lump sum payment of $72,575.00, payable by check to George and Belina Youhana as Guardians/Conservators of the estate of C.Y.Y., for the benefit of C.Y.Y. This amount was intended as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific onset of symptoms, clinical details, diagnostic tests, treatments, or the mechanism of injury. The names of the petitioner's counsel were Robert Oushalem, and the respondent's counsel was Dhairya D. Jani. The decision was filed on May 20, 2020, and the award was issued on June 16, 2020.

Theory of causation field:
The petition alleged that the influenza vaccine administered on September 15, 2016, caused the minor C.Y.Y. to suffer transverse myelitis (TM), quadriparesis, and acute disseminated encephalomyelitis (ADEM), with residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table. The respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Special Master Christian J. Moran. The award was $72,575.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, but notes the condition is covered by the Vaccine Injury Table. Petitioners were represented by Robert Oushalem, and Respondent by Dhairya D. Jani. The decision date was June 16, 2020.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00888-0
Date issued/filed: 2020-06-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/20/2020) regarding 26 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (Attachments: # (1) Joint Stipulation) (hh) Service on parties made.
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Case 1:19-vv-00888-UNJ Document 29 Filed 06/16/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
GEORGE YOUHANA and *
BELINA YOUHANA, on behalf of *
C.Y.Y., a minor, *
* No. 19-888V
Petitioners, * Special Master Christian J. Moran
*
v. * Filed: May 20, 2020
*
SECRETARY OF HEALTH * Stipulation; flu vaccine;
AND HUMAN SERVICES, * transverse myelitis (“TM”);
* quadriparesis; acute disseminated
* encephalomyelitis (“ADEM”).
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Robert Oushalem, San Jose, CA, for Petitioner;
Dhairya D. Jani, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On May 20, 2020, the parties filed a joint stipulation concerning the petition
for compensation filed by George Youhana and Belina Youhana on June 18, 2019.
In their petition, petitioners alleged that the flu vaccine, which is contained in the
Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), and which C.Y.Y.
received on September 15, 2016, caused C.Y.Y. to suffer transverse myelitis
(“TM”), quadriparesis, and acute disseminated encephalomyelitis (“ADEM”).
Petitioners further allege that C.Y.Y. suffered the residual effects of these injuries
for more than six months. Petitioners represent 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-00888-UNJ Document 29 Filed 06/16/20 Page 2 of 2
Respondent denies that the vaccines either caused or significantly
aggravated C.Y.Y.’s alleged injuries or any other injury.
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 $72,575.00 in the form of a check payable to
petitioners, as Guardians/Conservators of the estate of C.Y.Y., for the
benefit of C.Y.Y. 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 in case 19-888V 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.
2