VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00858 Package ID: USCOURTS-cofc-1_20-vv-00858 Petitioner: Clarence Deacon Filed: 2020-07-14 Decided: 2022-07-12 Vaccine: influenza Vaccination date: 2017-08-26 Condition: Transverse Myelitis Outcome: compensated Award amount USD: 77171 AI-assisted case summary: Clarence Deacon filed a petition for compensation under the National Vaccine Injury Compensation Program on July 14, 2020, alleging that he suffered Transverse Myelitis (TM) caused-in-fact by his August 26, 2017 influenza vaccination. He further alleged that he experienced residual effects for more than six months. The respondent denied that the flu vaccine caused petitioner's TM or its residual effects. Despite the denial, the parties filed a joint stipulation for damages on June 17, 2022. Special Master Daniel T. Horner found the stipulation reasonable and adopted it as the decision of the Court. Clarence Deacon was awarded $75,000.00 as a lump sum and $2,171.42 to reimburse a Medicaid lien, totaling $77,171.42. This compensation covers all items of damages available under § 15(a). The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Ronald Craig Homer represented the petitioner, and Jennifer Reynaud represented the respondent. Theory of causation field: Petitioner Clarence Deacon alleged that his August 26, 2017 influenza vaccination caused Transverse Myelitis (TM) and its residual effects, which he experienced for more than six months. Respondent denied causation. The parties filed a joint stipulation for damages, which Special Master Daniel T. Horner found reasonable and adopted. The award totaled $77,171.42 ($75,000.00 lump sum and $2,171.42 for a Medicaid lien). The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The case was resolved via stipulation, not litigation on the merits of causation. Petitioner counsel was Ronald Craig Homer, and respondent counsel was Jennifer Reynaud. Special Master Daniel T. Horner issued the decision on July 12, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00858-0 Date issued/filed: 2022-07-12 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 06/17/2022) regarding 39 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (mly) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00858-UNJ Document 43 Filed 07/12/22 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-858V Filed: June 17, 2022 UNPUBLISHED CLARENCE DEACON, Petitioner, Joint Stipulation on Damages; v. Influenza (“Flu”) Vaccine; Transverse Myelitis (“TM”) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Jennifer Reynaud , U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On July 14, 2020, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that he suffered Transverse Myelitis (“TM”) caused-in-fact by his August 26, 2017 influenza vaccination. Petition at 1; Stipulation, filed June 17, 2022, at ¶ 4. Petitioner further alleges that he has experienced the residual effects of his condition for more than six months, that there has been no prior award or settlement of a civil action for damages as a result of his condition, and that his vaccine was administered in the United States. Petition at 20; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner’s alleged TM or its residual effects were caused-in-fact or significantly aggravated by the flu vaccine; and denies that the flu vaccine caused petitioner any other injury or his current condition. ” Stipulation at ¶ 6. Nevertheless, on June 17, 2022, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation 1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will be posted on the United States Court of Federal Claims’ website in accordance with the E-Government Act of 2002. See 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 the special master, upon review, agrees that the identified material fits within this definition, it will be redacted 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 (2012). Case 1:20-vv-00858-UNJ Document 43 Filed 07/12/22 Page 2 of 8 reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: • A lump sum of $75,000.00 in the form of a check payable to petitioner; and • A lump sum of $2,171.42, representing reimbursement of a Medicaid lien for services rendered to petitioner by the State of Delaware, in the form of a check payable jointly to petitioner and: Equian, LLC Highmark Delaware Health Options P.O. Box 34060 Louisville, KY 40232-4060 Event Number: 13113230-13056510 Stipulation at ¶ 8. Petitioner agrees to endorse the check to Equian, LLC. Id. These amounts represent compensation for all items of damages that would be available under § 15(a). Id. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Daniel T. Horner Daniel T. Horner Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:20-vv-00858-UNJ Document 43 Filed 07/12/22 Page 3 of 8 Case 1:20-vv-00858-UNJ Document 43 Filed 07/12/22 Page 4 of 8 Case 1:20-vv-00858-UNJ Document 43 Filed 07/12/22 Page 5 of 8 Case 1:20-vv-00858-UNJ Document 43 Filed 07/12/22 Page 6 of 8 Case 1:20-vv-00858-UNJ Document 43 Filed 07/12/22 Page 7 of 8 Case 1:20-vv-00858-UNJ Document 43 Filed 07/12/22 Page 8 of 8