VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00992
Package ID: USCOURTS-cofc-1_20-vv-00992
Petitioner: Phil E. Mullins
Filed: 2020-08-10
Decided: 2023-05-30
Vaccine: influenza
Vaccination date: 2018-09-21
Condition: lichen planus pigmentosus and dermatitis
Outcome: compensated
Award amount USD: 15000

AI-assisted case summary:
Phil E. Mullins filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he developed lichen planus pigmentosus and dermatitis after receiving an influenza vaccine on September 21, 2018. He later amended his petition to allege that the flu vaccine caused a significant aggravation of these pre-existing conditions. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged injury. Despite the denial, the parties reached a settlement agreement. They filed a joint stipulation on May 2, 2023, agreeing to resolve the case. As part of the stipulation, the respondent agreed to issue a lump sum payment of $15,000.00 to Mr. Mullins as compensation for all available damages. The Special Master adopted the stipulation and awarded the compensation, directing the clerk of the court to enter judgment accordingly.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00992-0
Date issued/filed: 2023-05-30
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 5/2/2023) regarding 43 DECISION Stipulation. Signed by Special Master Mindy Michaels Roth. (msg) Service on parties made.
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Case 1:20-vv-00992-UNJ Document 47 Filed 05/30/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-992V
Filed: May 2, 2023
* * * * * * * * * * * * *
PHIL E. MULLINS, *
*
Petitioner, * Decision on Joint Stipulation;
* Influenza (“flu”) Vaccine;
v. * Lichen Planus Pigmentosus;
* Dermatitis.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Howard Gold, Esq., Gold Law Firm, LLC, Wellesley, MA, for petitioner.
Katherine Esposito, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On August 10, 2020, Phil E. Mullins [“Mr. Mullins” or “petitioner”] filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
he developed3 lichen planus pigmentosus and dermatitis after receiving an influenza (“flu”)
vaccination on September 21, 2018. Stipulation, filed May 2, 2023, at ¶¶ 1-4. Respondent denies
that the flu vaccine caused petitioner’s injury. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On May 2, 2023, the parties filed a
joint stipulation agreeing to settle this case and describing the settlement terms. ECF No. 42.
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, the undersigned finds that the identified material fits within this
definition, such material 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).
3 Petitioner filed an amended petition on January 2, 2023, amending his claim to allege that the flu vaccine caused a
significant aggravation of his lichen planus pigmentosus and dermatitis. Amended Petition, ECF No. 38.
1

Case 1:20-vv-00992-UNJ Document 47 Filed 05/30/23 Page 2 of 7
Respondent agrees to issue the following payment:
A lump sum of $15,000.00 in the form of a check payable to petitioner, Phil E.
Mullins. 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.4
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
4 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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