VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00674 Package ID: USCOURTS-cofc-1_22-vv-00674 Petitioner: Jeffery Bohlmann Filed: 2022-06-16 Decided: 2024-01-24 Vaccine: influenza Vaccination date: 2020-10-26 Condition: chronic inflammatory demyelinating polyneuropathy (CIDP) Outcome: compensated Award amount USD: 200000 AI-assisted case summary: Jeffery Bohlmann filed a petition for vaccine compensation on June 16, 2022, alleging that the influenza vaccine he received on or about October 26, 2020, caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP). He further alleged that his symptoms persisted for more than six months. Respondent denied that the flu vaccine caused Mr. Bohlmann's CIDP or any other injury. Despite their differing positions on causation, the parties reached a joint stipulation to resolve the case. The stipulation stated that the flu vaccine is on the Vaccine Injury Table and that Mr. Bohlmann received it within the United States. As a result of the stipulation, the Special Master adopted its terms as the Court's decision. Mr. Bohlmann was awarded a lump sum of $200,000.00 as compensation for all damages available under the National Childhood Vaccine Injury Act. The parties also agreed to proceedings for attorneys' fees and costs. This decision resolves all claims for damages, except for attorneys' fees and litigation costs. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00674-0 Date issued/filed: 2024-01-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 1/2/2024) regarding 42 DECISION Stipulation/Proffer, Signed by Special Master Christian J. Moran. (dksc) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00674-UNJ Document 46 Filed 01/24/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * * * * JEFFERY BOHLMANN, * * No. 22-674V Petitioner, * * Special Master Christian J. Moran v. * * Filed: January 2, 2024 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington DC, for Petitioner; Mallori Openchowski, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On December 21, 2023, the parties filed a joint stipulation concerning the petition for compensation filed by Jeffery Bohlmann on June 16, 2022. Petitioner alleges that the influenza (“flu”) vaccine caused him to suffer from chronic inflammatory demyelinating polyneuropathy (“CIDP”). Petitioner further alleges that his symptoms persisted for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his alleged injury. Respondent denies that the flu vaccine caused petitioner to suffer from CIDP. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: 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), the parties have 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. Any changes will appear in the document posted on the website. Case 1:22-vv-00674-UNJ Document 46 Filed 01/24/24 Page 2 of 7 A lump sum of $200,000.00 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). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 Case 1:22-vv-00674-UNJ Document 46 Filed 01/24/24 Page 3 of 7 coun I~ TIU: UNITED S'l'A'fES OF FEDERAL CLAIMS OFFICE OF SPECl,\L MASTERS JEr-FERY OOIIL:\1A "lN. Petitioner. No. 22-674V Special 1\t!astcr \tlornn Sf; 'llETARY OF HEALTII i\i':D 1-1 "M,\N SERVICES. Rc~pondcnt. The parties hereby stipulate to the follOI\ ing maucr~: I. Petitioner. Jcffcr) Aohlmann. likd a petition for vaccine compensation under the * :--,a1io11al Vm;cim: Injury Compc11sntion Progrnm. -12 lJ.S.C. JOOaa-10 to 3-1 (1hc ··Vuccinc l'rogrnm··i. The petition seeks co111pensa11on for injuries allcgcn lix damages on his bclrnlf as a result of his condition. 6. Respondent denies that the flu vaccine cau5ed pctitionc:r·~ alleged (ll)p or an~ otht!r injur_\. and further denie~ that his current disabilities arc a sequel11 ofa rnccinc-l'clatcd iniur_\. Page I of 5 Case 1:22-vv-00674-UNJ Document 46 Filed 01/24/24 Page 4 of 7 7. Maintaining their 11huqi-statcd positions. 1he parties ne,-cnhclcs~ nm, agree 1ha1 the issues bcll\een them shall be ,eulcrnc)s· fees and litigmion costs. and past rnm:irnbursed expenses. the monc) prO\ idcd purs1w111 to this Stipulation " ill be w,cd sole!) for the benefit of petiti1>nt·r as co11tcmplatc(I b) a strict construction or 42 U. S.C. ~ 300aa-l 5(al and (dl. and subjec1 to the conditions of ,Q l.' .S.C. * J00aa-I 5(g) and (h). 13. In return for the payments described in p.iragraphs 8 and?. petitioner. in his indi\'idual capacit). and on behalf or her heirs. executors. administrators. successors. and assigm. dot:~ forcl'C:r irrcrncabl) and unconditionally release. acquit ,rnd di~chargc the Lnitcd State~ 1md the Secretary of Health and Human Ser\'ices from an) and all action:; or causes of action (including agreements. judg1m:nts. claims. damages. IOS!> of services. expenses and all demands of 11 hatever !..ind or nature) 1ha1 ha1·c been brought. could have been brought. or eo1dd h<: timely brought i11 the Unit.:d States Cou11 of federal Claims. under the Nmio,wl Vaccine Injury Compensation Program. -12 U.S.C. § J00aa-1 0 et seq .. on account or. or in an) \\ a) grm1 ing out of. any and all kno\, 11 m u11k11om1. suspected or unsuspec1cd personnl injuries to or dcmh of petitioner resulting from. or nlleged to have resulted from. the flu vaccinution udmini~tcrec.l 011 or about October 26. 2020. a~ alleged b~ petitioner in a petition for vaccine compensation filed 011 or 3bout June 16. 202'.!. in the United States Court of Federal Ck1ims as petition No. 22-67,1 V. 1-1. If petitioner should dk prior to cntr) ofjuc.lg111c111. this agreement shall be llli(l.tblc upon proper notice to the Court on bclwlf ur either or both of the parties. 15. If the special master fails to issue u decision in complete confonnil) \\ ith the terms of this S1ipulation or if the United Slates l(Hn1 or ft:dcrnl Claims fails to enter judgment in t:011fon11ity \lith a decision tlwt is in con1plcte conformity "·ith the terms of this Stipulation. then the pa11ics· settlemc:nt 1111d this Stipulation shall be I oidabk m the S()ic discretio11 of either pany. Page J of 5 Case 1:22-vv-00674-UNJ Document 46 Filed 01/24/24 Page 6 of 7 16. This Stipulation expresses a liill and complete negotiated sculcmcnt of liabilit~ und d~111a.3cs claimed under the National Childhood Vaccinc lnjur~ Act or 191!6. us ,1mcnded. except "~ uthtr" isc noted in paragraph 9 .il,o, c. lhcrc i~ absolute I~ 110 ngreemcnt on the part of the parties hereto co make any pa) mcnt or do ,my ,Kl or thing 01hcr than is h~rcin C.\prcs:-li ~tated and clcarl~ agn:ccJ to. The pm1ies further agree and understand that tht: "" ard clt:~cribccput~ l)ircctor i717 K Strccl. NW Tons Oranch Suite 900 Ci,·il Oi, ision Wa.~hington. D.C. 10006 U.S. Dcpa11mcnt ofJu~ticc ( '.!02) 775-9:!00 I'. 0. Bo:-c 146 lk11j.i111i11 Fr,mklin Station \\':ishingtoll. D.C. JOO-l-1-01-i(, AUTIIOIUZEU REPltESENTATIVF. OF /\ TTORNF.Y OF IU:CORD FOi{ THf, SF:CRETARY OF IIEALTII AND RF.Sl'ONDEi\T: HUi\UN SERVICES: George R. Grimes H~ \3 ~J-.clw ~ o:9'i,l,y~9•