VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00719
Package ID: USCOURTS-cofc-1_20-vv-00719
Petitioner: Ruth Hardiman
Filed: 2020-06-15
Decided: 2022-01-04
Vaccine: influenza
Vaccination date: 2018-10-16
Condition: chronic inflammatory demyelinating polyneuropathy (CIDP)
Outcome: compensated
Award amount USD: 160000

AI-assisted case summary:
Ruth Hardiman filed a petition on June 15, 2020, alleging that an influenza vaccine administered on October 16, 2018, caused her to develop chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent denied that the vaccine caused CIDP or any other injury. The parties reached a stipulation recommending an award of compensation. The Special Master found the stipulation reasonable and adopted it as the decision of the Court. Ruth Hardiman was awarded a lump sum of $160,000.00, payable by check to petitioner, for all damages available under 42 U.S.C. § 300aa-15(a). The parties agreed to expedite the entry of judgment by renouncing the right to seek review. Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and respondent was represented by Althea W. Davis of the U.S. Department of Justice. The decision was issued by Special Master Nora Beth Dorsey.

Theory of causation field:
Petitioner Ruth Hardiman alleged that an influenza vaccine administered on October 16, 2018, caused her to develop chronic inflammatory demyelinating polyneuropathy (CIDP). Respondent denied causation. The parties reached a stipulation for compensation. The public decision does not describe the specific theory of causation, medical experts, clinical details, onset, symptoms, tests, treatments, or the mechanism of injury. The Special Master Nora Beth Dorsey adopted the stipulation, awarding petitioner a lump sum of $160,000.00 for all damages. Petitioner's counsel was Amy A. Senerth, and respondent's counsel was Althea W. Davis. The decision was filed on December 7, 2021, and entered on January 4, 2022.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00719-0
Date issued/filed: 2022-01-04
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/07/2021) regarding 36 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mca) Service on parties made.
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Case 1:20-vv-00719-UNJ Document 40 Filed 01/04/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: December 7, 2021
* * * * * * * * * * * * * * *
RUTH HARDIMAN, * UNPUBLISHED
*
Petitioner, * No. 20-719V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation;
AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine; Chronic
* Inflammatory Demyelinating
Respondent. * Polyneuropathy (“CIDP”).
*
* * * * * * * * * * * * * * *
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Althea W. Davis, U.S. Department of Justice, Washington, DC, for respondent.
DECISION BASED ON STIPULATION1
On June 15, 2020, Ruth Hardiman (“petitioner”) filed a petition in the National Vaccine
Injury Compensation Program.2 Petitioner alleged that as a result of an influenza (“flu”) vaccine
on October 16, 2018, she developed chronic inflammatory demyelinating polyneuropathy
(“CIDP”). Petition at 1 (ECF No. 1).
On December 7, 2021, the parties filed a stipulation recommending an award of
compensation to petitioner. Stipulation (ECF No. 35). Respondent denies that the flu vaccine
caused petitioner to suffer from CIDP, and further denies that the flu vaccine caused any other
1 Because this Decision contains a reasoned explanation for the action in this case, the
undersigned is required to post it on the United States Court of Federal Claims’ website in
accordance with the E-Government Act of 2002. 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, upon review, the undersigned
agrees that the identified material fits within this definition, the undersigned will redact such
material from public access.
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-1 to -34 (2012) (“Vaccine Act” or “the Act”). All citations in this Decision
to individual sections of the Vaccine Act are to 42 U.S.C. § 300aa.
1

Case 1:20-vv-00719-UNJ Document 40 Filed 01/04/22 Page 2 of 7
injury or her current condition. Id. at ¶ 6. Nevertheless, the parties agree to the joint stipulation,
attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as
the decision of the Court in awarding damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $160,000.00 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). Stipulation at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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