VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00863 Package ID: USCOURTS-cofc-1_22-vv-00863 Petitioner: J.S. Filed: 2022-08-05 Decided: 2024-02-21 Vaccine: influenza Vaccination date: 2019-10-10 Condition: chronic inflammatory demyelinating polyneuropathy (CIDP) Outcome: compensated Award amount USD: AI-assisted case summary: Amy Vargas-Stellon and Albert Stellon, parents of J.S., a minor, filed a petition on August 5, 2022, alleging that J.S. suffered from chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of an influenza vaccine received on October 10, 2019. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused J.S.'s CIDP or any other injury. Despite the respondent's denial, the parties reached a stipulation recommending an award of compensation. Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The parties agreed that Petitioners would receive compensation sufficient to purchase an annuity contract, covering all damages available under the National Childhood Vaccine Injury Act. The decision was based on this stipulation, and judgment was to be entered accordingly. Ronald Craig Homer represented the Petitioners, and Bridget Corridon represented the Respondent. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses. Theory of causation field: Petitioners alleged that J.S. suffered from chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of an influenza vaccine received on October 10, 2019. The respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Special Master Nora Beth Dorsey. The theory of causation was not litigated and is described as 'Off-Table' in the provided data. The public decision does not detail the specific mechanism of injury, expert testimony, or the breakdown of the award beyond an amount sufficient to purchase an annuity contract for all damages under the Act. Petitioners were represented by Ronald Craig Homer, and Respondent was represented by Bridget Corridon. The decision was based on a stipulation filed on February 21, 2024. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00863-0 Date issued/filed: 2024-03-18 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 2/21/2024) regarding 65 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00863-UNJ Document 69 Filed 03/18/24 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: February 21, 2024 * * * * * * * * * * * * * * * * * * * AMY VARGAS-STELLON and * ALBERT STELLON, parents of J.S., * a minor, * UNPUBLISHED * Petitioners, * No. 22-863V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine; Chronic * Inflammatory Demyelinating Respondent. * Polyneuropathy (“CIDP”). * * * * * * * * * * * * * * * * * * * * Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioners. Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent. DECISION BASED ON STIPULATION1 On August 5, 2022, Amy Vargas-Stellon and Albert-Stellon (“Petitioners”), on behalf of J.S., a minor, filed a petition in the National Vaccine Injury Program2 alleging that J.S. suffered from chronic inflammatory demyelinating polyneuropathy (“CIDP”) as a result of an influenza (“flu”) vaccine J.S. received on October 10, 2019. Petition at 1 (ECF No. 1). 1 Because this Decision contains a reasoned explanation for the action in this case, the undersigned is required to post it 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), Petitioners have 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 agrees that the identified material fits within this definition, the undersigned will redact such material from public access. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 to -34 (2018) (“Vaccine Act” or “the Act”). All citations in this Decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 1 Case 1:22-vv-00863-UNJ Document 69 Filed 03/18/24 Page 2 of 9 On February 21, 2024, the parties filed a stipulation recommending an award of compensation to Petitioners. Stipulation (ECF No. 64). Respondent denies that J.S.’s alleged CIDP or its residual effects were caused-in-fact by the flu vaccine; and denies that the flu vaccine caused J.S. any other injury or her current condition. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulate that Petitioners shall receive the following compensation: (1) An amount sufficient to purchase the annuity contract described in paragraph 10 of the Stipulation, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”). This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation at ¶ 8. The undersigned approves the requested amount for Petitioners’ 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/Nora B. Dorsey Nora B. Dorsey 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 Case 1:22-vv-00863-UNJ Document 69 Filed 03/18/24 Page 3 of 9 Case 1:22-vv-00863-UNJ Document 69 Filed 03/18/24 Page 4 of 9 Case 1:22-vv-00863-UNJ Document 69 Filed 03/18/24 Page 5 of 9 Case 1:22-vv-00863-UNJ Document 69 Filed 03/18/24 Page 6 of 9 Case 1:22-vv-00863-UNJ Document 69 Filed 03/18/24 Page 7 of 9 Case 1:22-vv-00863-UNJ Document 69 Filed 03/18/24 Page 8 of 9 Case 1:22-vv-00863-UNJ Document 69 Filed 03/18/24 Page 9 of 9