VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00522 Package ID: USCOURTS-cofc-1_20-vv-00522 Petitioner: O.Q. Filed: 2020-04-28 Decided: 2022-09-29 Vaccine: influenza Vaccination date: 2018-10-25 Condition: serum sickness like reaction and small fiber neuropathy Outcome: compensated Award amount USD: 57500 AI-assisted case summary: Ana Quartarone, as parent and next friend of O.Q., a minor, filed a petition for compensation on April 28, 2020. Petitioner alleged that the influenza vaccine O.Q. received on October 25, 2018, caused a serum sickness like reaction and small fiber neuropathy, with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged injuries. Despite the denial, the parties reached a stipulation for settlement. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Damages were awarded in the amount of $57,500, to be used to purchase an annuity contract, representing 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 expert witnesses. Howard Scott Gold represented the petitioner, and Lynn Schlie represented the respondent. Theory of causation field: Petitioner alleged that the influenza vaccine administered on October 25, 2018, caused a serum sickness like reaction and small fiber neuropathy, with residual effects lasting more than six months. The vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties reached a stipulation for settlement, which was adopted by Special Master Christian J. Moran. The award was $57,500 to purchase an annuity, representing compensation for all damages under 42 U.S.C. § 300aa-15(a). The public decision does not detail the specific mechanism of injury, expert testimony, or clinical evidence presented. Petitioner counsel was Howard Scott Gold, and respondent counsel was Lynn Schlie. The decision was filed on September 29, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00522-0 Date issued/filed: 2022-10-14 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 9/29/2022) regarding 64 DECISION Stipulation/Proffer, Signed by Special Master Christian J. Moran. (cjaj) Service on parties made. Modified on 10/14/2022 to add the original filed date. (fm). -------------------------------------------------------------------------------- Case 1:20-vv-00522-UNJ Document 68 Filed 10/14/22 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * ANA QUARTARONE, as parent and * next friend of O.Q., a minor * No. 20-522V * Special Master Christian J. Moran Petitioner, * v. * Filed: September 29, 2022 * SECRETARY OF HEALTH * Stipulation; Influenza vaccine; AND HUMAN SERVICES, * serum sickness like reaction; * small fiber neuropathy. Respondent. * * * * * * * * * * * * * * * * * * * * * * Howard Scott Gold, Gold Law Firm, Wellesley, MA, for Petitioner; Lynn Schlie, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On August 29, 2022, the parties filed a joint stipulation concerning the petition for compensation filed by Ana Quartarone on behalf of her daughter, O.Q. on April 28, 2020. Petitioner alleged that the influenza vaccine O.Q. received on October 25, 2018, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused her to suffer from a serum sickness like reaction and small fiber neuropathy. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Respondent denies that the influenza vaccine caused petitioner to suffer from a serum sickness like reaction, small fiber neuropathy, or any other injury. 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 1:20-vv-00522-UNJ Document 68 Filed 10/14/22 Page 2 of 9 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. An amount of $57,500 to purchase the annuity contract described in paragraph 10 of the stipulation, paid to the life insurance company from which the annuity will be purchased. This amount 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 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 1:20-vv-00522-UNJ Document 68 Filed 10/14/22 Page 3 of 9 Case 1:20-vv-00522-UNJ Document 68 Filed 10/14/22 Page 4 of 9 Case 1:20-vv-00522-UNJ Document 68 Filed 10/14/22 Page 5 of 9 Case 1:20-vv-00522-UNJ Document 68 Filed 10/14/22 Page 6 of 9 Case 1:20-vv-00522-UNJ Document 68 Filed 10/14/22 Page 7 of 9 Case 1:20-vv-00522-UNJ Document 68 Filed 10/14/22 Page 8 of 9 Case 1:20-vv-00522-UNJ Document 68 Filed 10/14/22 Page 9 of 9