VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01436 Package ID: USCOURTS-cofc-1_19-vv-01436 Petitioner: Matthew Driggers Filed: 2019-09-18 Decided: 2021-11-05 Vaccine: influenza Vaccination date: 2016-09-20 Condition: anaphylaxis and chronic urticaria Outcome: compensated Award amount USD: 35000 AI-assisted case summary: Matthew Driggers filed a petition on September 18, 2019, seeking compensation under the National Childhood Vaccine Injury Act of 1986. He alleged that an influenza vaccine he received on September 20, 2016, caused him to suffer from anaphylaxis and chronic urticaria. The influenza vaccine is listed on the Vaccine Injury Table. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused petitioner's conditions or any other injury. The parties reached a joint stipulation regarding the petition. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Matthew Driggers a lump sum payment of $35,000.00, payable by check to the petitioner, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was filed on November 5, 2021. The public decision does not describe the petitioner's specific clinical story, onset of symptoms, diagnostic tests, treatments, or any expert witnesses. The attorneys involved were Jeffrey S. Pop for the Petitioner and Amanda Pasciuto for the Respondent. Theory of causation field: Petitioner Matthew Driggers alleged that an influenza vaccine received on September 20, 2016, caused anaphylaxis and chronic urticaria. The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties reached a stipulation, which was adopted by Special Master Christian J. Moran on November 5, 2021. The stipulation resulted in an award of $35,000.00. The public decision does not detail the specific mechanism of injury, expert testimony, or the evidence considered beyond the stipulation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01436-0 Date issued/filed: 2021-11-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/14/2021) regarding 76 DECISION Stipulation/Proffer Signed by Special Master Christian J. Moran. (jmw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01436-UNJ Document 80 Filed 11/05/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * MATTHEW DRIGGERS, * * No. 19-1436V Petitioner, * Special Master Christian J. Moran * v. * Filed: October 14, 2021 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * anaphylaxis; chronic urticaria. * * Respondent. * * * * * * * * * * * * * * * * * * * * * * Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner; Amanda Pasciuto, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On October 12, 2021, the parties filed a joint stipulation concerning the petition for compensation filed by Matthew Driggers on September 18, 2019. Petitioner alleged that the influenza (“flu”) vaccine he received on September 20, 2016, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer from anaphylaxis and chronic urticaria. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. Respondent denies that the vaccine either caused petitioner to suffer from anaphylaxis or chronic urticaria, or any other injury or his current 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-01436-UNJ Document 80 Filed 11/05/21 Page 2 of 7 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 $35,000.00 in the form of a check payable to petitioner. 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 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 Case 1:19-vv-01436-UNJ Document 80 Filed 11/05/21 Page 3 of 7 Case 1:19-vv-01436-UNJ Document 80 Filed 11/05/21 Page 4 of 7 Case 1:19-vv-01436-UNJ Document 80 Filed 11/05/21 Page 5 of 7 Case 1:19-vv-01436-UNJ Document 80 Filed 11/05/21 Page 6 of 7 Case 1:19-vv-01436-UNJ Document 80 Filed 11/05/21 Page 7 of 7