VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00063
Package ID: USCOURTS-cofc-1_20-vv-00063
Petitioner: Karen J. Darling
Filed: 2020-01-21
Decided: 2023-02-27
Vaccine: influenza
Vaccination date: 2017-09-25
Condition: chronic inflammatory demyelinating polyneuropathy
Outcome: compensated
Award amount USD: 95000

AI-assisted case summary:
Karen J. Darling filed a petition for compensation under the National Vaccine Injury Compensation Program on January 21, 2020, alleging that she suffered from chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of receiving an influenza vaccine on September 25, 2017. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her condition but agreed to a settlement. The parties stipulated to an award of compensation. The public decision does not describe the specific onset of symptoms, clinical course, diagnostic tests, treatments, or expert witnesses. On February 27, 2023, Special Master Thomas L. Gowen issued a decision on stipulation, adopting the parties' agreement. The stipulation awarded Karen J. Darling a lump sum of $95,000.00, payable by check, as compensation for all damages. Petitioner counsel was Glen Howard Sturtevant, Jr. of Rawls Law Group, and respondent counsel was Mark Kim Hellie of the U.S. Department of Justice. The decision was posted on the court's website without redactions.

Theory of causation field:
Petitioner Karen J. Darling received an influenza vaccine on September 25, 2017, and subsequently alleged injury in the form of chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent denied causation. The parties stipulated to a settlement, and the case was resolved via a decision on stipulation on February 27, 2023, by Special Master Thomas L. Gowen. The award was $95,000.00 as a lump sum. The theory of causation was "Off-Table." The public decision does not detail the specific medical mechanism, expert testimony, or evidence presented regarding causation, as the matter was settled by stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00063-0
Date issued/filed: 2023-03-20
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 2/27/2023) regarding 41 DECISION on Stipulation: Signed by Special Master Thomas L. Gowen. (slw) Service on parties made.
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Case 1:20-vv-00063-UNJ Document 46 Filed 03/20/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: February 27, 2023
* * * * * * * * * * * * *
KAREN J. DARLING, * Unpublished
*
Petitioner, * No. 20-63V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Stipulation; Influenza (“Flu”);
AND HUMAN SERVICES, * Chronic Inflammatory
* Demyelinating Polyneuropathy
Respondent. * (“CIDP”).
* * * * * * * * * * * * *
Glen Howard Sturtevant, Jr., Rawls Law Group, for petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, D.C., for respondent.
DECISION ON STIPULATION1
On January 21, 2020, Karen J. Darling (“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 September 25, 2017, she
suffered injuries including chronic inflammatory demyelinating polyneuropathy (“CIDP”). Id.
On February 27, 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 her 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 1:20-vv-00063-UNJ Document 46 Filed 03/20/23 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 $95,000.00 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 incorporate the language of the
stipulation into this decision set forth in full. 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