VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00894 Package ID: USCOURTS-cofc-1_19-vv-00894 Petitioner: Norma Blair Filed: 2019-06-19 Decided: 2022-01-24 Vaccine: influenza Vaccination date: Condition: chronic inflammatory demyelinating polyneuropathy Outcome: compensated Award amount USD: 308844.92 AI-assisted case summary: Norma Blair filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered from chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of receiving an influenza vaccine, or that the vaccine significantly aggravated her condition. Respondent denied that the flu vaccine caused or aggravated her condition. The parties later filed a joint stipulation for damages, indicating that a decision should be entered awarding compensation. The court adopted the stipulation as the decision of the Court. Ms. Blair was awarded a total of $308,844.92, which included compensation for first-year life care expenses, combined lost earnings, pain and suffering, past unreimbursable expenses, and reimbursement of a lien for services rendered. The award also included an amount sufficient to purchase an annuity contract. The decision was issued on January 24, 2022, following the petition filed on June 19, 2019. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00894-0 Date issued/filed: 2022-01-24 Pages: 10 Docket text: PUBLIC DECISION (Originally filed: 12/28/2021) regarding 55 DECISION Stipulation/Proffer Signed by Special Master Daniel T. Horner. (mly) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00894-UNJ Document 59 Filed 01/24/22 Page 1 of 10 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-894V Filed: December 28, 2021 UNPUBLISHED NORMA BLAIR, Petitioner, Joint Stipulation on Damages; v. Influenza (“Flu”) vaccine; Chronic Inflammatory Demyelinating SECRETARY OF HEALTH AND Polyneuropathy (“CIDP”) HUMAN SERVICES, Respondent. Anne Carrion Toale, Maglio Christopher and Toale, Sarasota, FL, for petitioner. Adriana Teitel, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On June 19, 2019, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that she suffered chronic inflammatory demyelinating polyneuropathy (“CIDP”) as a result of receiving an influenza (“flu”) vaccine, or alternatively that the vaccine significantly aggravated her condition. Petition at 1,7; Stipulation, filed December 28, 2021, at ¶ 2, 4. Petitioner further alleges that she has experienced the residual effects of her condition for more than six months, that there has been no prior award or settlement of a civil action for damages as a result of her condition, and that her vaccine was administered in the United States. Petition at 9; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused petitioner to suffer from CIDP or any other injury or her current condition. Respondent further denies that the flu vaccine significantly aggravated any injury or her current condition. ” Stipulation at ¶ 6. 1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will be posted on the United States Court of Federal Claims’ website in accordance with the E-Government Act of 2002. See 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the decision will be available to anyone with access to the Internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information the disclosure of which would constitute an unwarranted invasion of privacy. If the special master, upon review, agrees that the identified material fits within this definition, it will be redacted from public access. 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-00894-UNJ Document 59 Filed 01/24/22 Page 2 of 10 Nevertheless, on December 28, 2021, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: • A lump sum of $279,747.67, which amount represents compensation for first-year life care expenses ($84,747.67) and combined lost earnings, pain and suffering and past unreimbursable expenses ($195,000.00), in the form of a check payable to petitioner. Stipulation at ¶ 8. • A lump sum of $29,097.25, which amount represents reimbursement of a lien for services rendered on behalf of petitioner, in the form of a check payable jointly to petitioner and Illinois Department of Healthcare and Family Services Bureau of Collections PO Box 19174 Springfield, Illinois 62794-9174 Case Number: 91-244-0707658897 Petitioner agrees to endorse this check to Illinois Department of Healthcare and Family Services. Id. • An amount sufficient to purchase the annuity contract described in paragraph 10 of the attached Stipulation, paid to the life insurance company from which the annuity will be purchased. Id. These amounts represent 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 of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Daniel T. Horner Daniel T. Horner Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:19-vv-00894-UNJ Document 59 Filed 01/24/22 Page 3 of 10 Case 1:19-vv-00894-UNJ Document 59 Filed 01/24/22 Page 4 of 10 Case 1:19-vv-00894-UNJ Document 59 Filed 01/24/22 Page 5 of 10 Case 1:19-vv-00894-UNJ Document 59 Filed 01/24/22 Page 6 of 10 Case 1:19-vv-00894-UNJ Document 59 Filed 01/24/22 Page 7 of 10 Case 1:19-vv-00894-UNJ Document 59 Filed 01/24/22 Page 8 of 10 Case 1:19-vv-00894-UNJ Document 59 Filed 01/24/22 Page 9 of 10 Case 1:19-vv-00894-UNJ Document 59 Filed 01/24/22 Page 10 of 10