VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00961
Package ID: USCOURTS-cofc-1_21-vv-00961
Petitioner: Steven Marshall
Filed: 2021-02-19
Decided: 2023-10-25
Vaccine: influenza
Vaccination date: 2018-10-11
Condition: chronic inflammatory demyelinating polyneuropathy
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Steven Marshall filed a petition for compensation under the National Vaccine Injury Compensation Program on February 19, 2021. He alleged that the influenza vaccine he received on October 11, 2018, caused him to suffer from chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Marshall's CIDP or any other injury. Despite this denial, the parties filed a joint stipulation agreeing that Mr. Marshall should receive compensation. Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court. Mr. Marshall was awarded a lump sum of $85,000.00 as compensation for all damages, payable to Petitioner. The parties agreed to expedite the entry of judgment by waiving the right to seek review. Petitioner's counsel was Laura Levenberg, and respondent's counsel was Nina Ren.

Theory of causation field:
Petitioner Steven Marshall alleged that the influenza vaccine administered on October 11, 2018, caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Special Master Herbrina Sanders. The stipulation did not detail a specific theory of causation or name any medical experts. The award was $85,000.00, representing compensation for all damages. The decision date was October 25, 2023. Petitioner was represented by Laura Levenberg, and respondent by Nina Ren.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00961-0
Date issued/filed: 2023-10-25
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 10/10/23) regarding 41 DECISION Stipulation/Proffer, Signed by Special Master Herbrina Sanders. (sh) Service on parties made.
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Case 1:21-vv-00961-UNJ Document 45 Filed 10/25/23 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: October 10, 2023
* * * * * * * * * * * * * * * * * * * * * * * * *
STEVEN MARSHALL, * No. 21-961V
*
Petitioner, * Special Master Sanders
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Laura Levenberg, Muller Brazil, Dresher, PA, for Petitioner.
Nina Ren, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On February 19, 2021, Steven Marshall (“Petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34
(2012). Petitioner alleged that the influenza (“flu”) vaccine he received on October 11, 2018,
caused him to suffer from chronic inflammatory demyelinating polyneuropathy (“CIDP”). Pet. at
1, ECF No. 1.
On October 6, 2023, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation to Petitioner. Stipulation ¶ 7, ECF No. 40. Respondent “denies
that petitioner’s alleged CIPD or its residual effects were caused-in-fact by the flu vaccine; and
denies that the flu vaccine caused petitioner any other injury or petitioner’s current condition.” Id.
¶ 6. Nevertheless, the parties agree to the joint stipulation. See id. ¶ 7. 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 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.

Case 1:21-vv-00961-UNJ Document 45 Filed 10/25/23 Page 2 of 8
The parties stipulate that Petitioner shall receive the following compensation:
A lump sum of $85,000.00 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).
Id. ¶ 8.
I approve 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/Herbrina D. Sanders
Herbrina D. Sanders
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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