VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00723
Package ID: USCOURTS-cofc-1_20-vv-00723
Petitioner: Emma Patricia Hernandez
Filed: 2020-06-15
Decided: 2024-05-09
Vaccine: influenza
Vaccination date: 2018-10-12
Condition: vasculitis
Outcome: compensated
Award amount USD: 121797

AI-assisted case summary:
Emma Patricia Hernandez filed a petition for compensation under the National Vaccine Injury Compensation Program on June 15, 2020, alleging she developed vasculitis after receiving an influenza vaccine on or about October 12, 2018. The respondent, the Secretary of Health and Human Services, denied that the immunization caused her injury. The parties, however, reached a settlement agreement. On April 11, 2024, they filed a joint stipulation outlining the settlement terms. As part of the agreement, the respondent agreed to issue a lump sum payment of $121,797.09, payable to Emma Patricia Hernandez, as compensation for all available damages. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded the compensation. The clerk of the court was directed to enter judgment in accordance with this decision. The public decision does not describe the petitioner's counsel, respondent's counsel, specific onset of symptoms, medical tests, treatments, or expert witnesses. The specific mechanism of causation was not detailed in the public decision.

Theory of causation field:
Petitioner Emma Patricia Hernandez alleged developing vasculitis after receiving an influenza vaccine on or about October 12, 2018. Respondent denied causation. The parties stipulated to settle the case. The public decision does not detail the theory of causation, specific medical experts, or the mechanism of injury. The settlement resulted in a lump sum award of $121,797.09. Special Master Mindy Michaels Roth issued the decision on May 9, 2024, adopting the joint stipulation filed April 11, 2024. Petitioner's counsel was Leigh Finfer, Esq., and respondent's counsel was Mallori Openchowski, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00723-0
Date issued/filed: 2024-05-09
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/12/2024) regarding 58 DECISION Stipulation. Signed by Special Master Mindy Michaels Roth. (dkj) Service on parties made.
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Case 1:20-vv-00723-UNJ Document 62 Filed 05/09/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-723V
Filed: April 12, 2024
* * * * * * * * * * * * *
EMMA PATRICIA HERNANDEZ *
*
Petitioner, *
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Leigh Finfer, Esq., Muller Brazil, LLP, Dresher, PA, for petitioner.
Mallori Openchowski, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On June 15, 2020, Emma Patricia Hernandez [“Ms. Hernandez” or “petitioner”] filed a
petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner
alleges that she developed vasculitis after receiving an influenza vaccine on or about October 12,
2018. Stipulation, filed April 11, 2024, at ¶¶ 1-4. Respondent denies that the aforementioned
immunization caused petitioner’s injury. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On April 11, 2024, the parties filed
a joint stipulation agreeing to settle this case and describing the settlement terms.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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, I agree that
the identified material fits within this definition, I will redact such material 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
(2018).
1

Case 1:20-vv-00723-UNJ Document 62 Filed 05/09/24 Page 2 of 7
Respondent agrees to issue the following payment:
A lump sum of $121,797.09 in the form of a check payable to petitioner, Emma
Patricia Hernandez. This amount represents compensation for all damages that would
be available under § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount and
on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance
with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

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