VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01675 Package ID: USCOURTS-cofc-1_20-vv-01675 Petitioner: Michele Hunter Filed: 2020-11-24 Decided: 2022-01-18 Vaccine: influenza Vaccination date: 2019-11-20 Condition: cellulitis and/or panniculitis Outcome: compensated Award amount USD: 41000 AI-assisted case summary: Michele Hunter filed a petition for compensation under the National Vaccine Injury Compensation Program on November 24, 2020. Ms. Hunter alleged that she suffered cellulitis and/or panniculitis as a result of receiving an influenza vaccine on November 20, 2019. The respondent denied that the flu vaccine caused petitioner's condition. Despite the respondent's denial, the parties filed a joint stipulation for damages on December 21, 2021, agreeing that compensation should be awarded. Special Master Daniel T. Horner found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Ms. Hunter was awarded a lump sum of $41,000.00, payable to petitioner, as compensation for all items of damages available under the program. The decision was entered on January 18, 2022. Petitioner's counsel was Paul R. Brazil of Muller Brazil, LLP. Respondent's counsel was Benjamin Warder of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert testimony. The specific mechanism of causation was not detailed in the public decision. Theory of causation field: Petitioner Michele Hunter alleged that an influenza vaccine administered on November 20, 2019, caused her to develop cellulitis and/or panniculitis. The respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award. The Special Master adopted the stipulation. Petitioner was awarded $41,000.00. The public decision does not specify the theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the condition. The decision date was January 18, 2022, and the stipulation was filed on December 21, 2021. Petitioner's counsel was Paul R. Brazil, and respondent's counsel was Benjamin Warder. Special Master Daniel T. Horner issued the decision. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01675-0 Date issued/filed: 2022-01-18 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/21/2021) regarding 24 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (mly) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01675-UNJ Document 28 Filed 01/18/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1675V Filed: December 21, 2021 UNPUBLISHED MICHELE HUNTER, Petitioner, Joint Stipulation on Damages; v. Influenza (“Flu”) vaccine; Cellulitis; Panniculitis SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner. Benjamin Warder, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On November 24, 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 she suffered cellulitis and/or panniculitis as a result of her receipt of an influenza (“flu”) vaccine administered on November 20, 2019. Petition at 1; Stipulation, filed December 21, 2021, at ¶¶ 2-4. “Respondent denies that the flu vaccine caused petitioner to develop cellulitis and/or panniculitis, and further denies that the flu vaccine caused petitioner to suffer from any other injury or her current condition. ” Stipulation at ¶ 6. Nevertheless, on December 21, 2021, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein. 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-01675-UNJ Document 28 Filed 01/18/22 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $41,000.00 in the form of a check payable to petitioner. Stipulation at ¶ 8. This amount represents 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-01675-UNJ Document 28 Filed 01/18/22 Page 3 of 7 Case 1:20-vv-01675-UNJ Document 28 Filed 01/18/22 Page 4 of 7 Case 1:20-vv-01675-UNJ Document 28 Filed 01/18/22 Page 5 of 7 Case 1:20-vv-01675-UNJ Document 28 Filed 01/18/22 Page 6 of 7 Case 1:20-vv-01675-UNJ Document 28 Filed 01/18/22 Page 7 of 7