VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01435 Package ID: USCOURTS-cofc-1_19-vv-01435 Petitioner: Ronald Adkins Filed: 2019-09-18 Decided: 2022-11-03 Vaccine: influenza Vaccination date: 2016-10-20 Condition: axonal neuropathy Outcome: compensated Award amount USD: 115000 AI-assisted case summary: Ronald Adkins filed a petition for compensation on September 18, 2019, alleging that he suffered axonal neuropathy caused by the influenza vaccination he received on October 20, 2016. He claimed residual effects from the condition for more than six months. The respondent denied that the flu immunization caused the alleged neuropathy. Despite the denial, the parties filed a joint stipulation for damages. Special Master Daniel T. Horner adopted the stipulation, awarding Ronald Adkins $115,000.00 in compensation for all items of damages. The decision was issued on November 3, 2022. The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or expert witnesses. Petitioner counsel was Bridget McCullough of Muller Brazil, LLP, and respondent counsel was Ryan Pyles of the U.S. Department of Justice. Theory of causation field: Petitioner Ronald Adkins alleged that an influenza vaccine administered on October 20, 2016, caused axonal neuropathy, with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for damages, which Special Master Daniel T. Horner adopted. The award was $115,000.00 for all damages. The theory of causation was "Off-Table." The public decision does not detail the specific mechanism of injury, expert testimony, or medical evidence presented. Petitioner counsel was Bridget McCullough, and respondent counsel was Ryan Pyles. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01435-0 Date issued/filed: 2022-12-01 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/03/2022) regarding 46 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (mly). Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01435-UNJ Document 50 Filed 12/01/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1435V Filed: November 3, 2022 UNPUBLISHED RONALD ADKINS, Petitioner, Joint Stipulation on Damages; v. Influenza (“flu”) vaccine; Neuropathy SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Bridget McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner. Ryan Pyles , U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On September 18, 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 he suffered axonal neuropathy caused-in-fact by the influenza vaccination he received on October 20, 2016. Petition at 1; Stipulation, filed November 2, 2022, at ¶ 4. Petitioner further alleges that he has experienced the residual effects of his 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 his condition, and that his vaccine was administered in the United States. Petition at 7-8; Stipulation at ¶¶ 3-5. “Respondent denies that the flu immunization is the cause of petitioner’s alleged neuropathy and/or any other injury. ” Stipulation at ¶ 6. Nevertheless, on November 2, 2022, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the 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-01435-UNJ Document 50 Filed 12/01/22 Page 2 of 7 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 $115,000.00 in the form of a check payable to petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under § 15(a). Id. 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-01435-UNJ Document 50 Filed 12/01/22 Page 3 of 7 Case 1:19-vv-01435-UNJ Document 50 Filed 12/01/22 Page 4 of 7 Case 1:19-vv-01435-UNJ Document 50 Filed 12/01/22 Page 5 of 7 Case 1:19-vv-01435-UNJ Document 50 Filed 12/01/22 Page 6 of 7 Case 1:19-vv-01435-UNJ Document 50 Filed 12/01/22 Page 7 of 7