# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

* * * * * * * * * * * * * * * * * * * * *

MARTIN D. CASPER

, * No. 14

- 197 V

*

Petitioner, * Special Master Moran

*

v. * Filed: July 28

, 2015

*

SECRETARY OF HEALTH * Stipulation; influenza (“flu”)

AND HUMAN SERVICES, * vaccine; Acute Disseminated

* Encephalomyelitis (“ADEM”).

Respondent. *

* * * * * * * * * * * * * * * * * * * * *

Lisa A. Roquemore

, Esq., Rancho Santa Margarita, CA

, for Petitioner;

Michael Milmoe

, U nited States Dep’t of Justice, Washington, DC

, for R espondent.

UNPUBLISHED DECISION 1

On July 23 , 2015 , respondent filed a joint stipulation concerning the petition

for compensation filed by Martin D. Casper on March 10 , 2014 . In his petition,

Mr. Casper alleged that the influenza (“flu”) vaccine , which is contained in the

Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on

or about October 19, 2012

, caused h im to suffer Acute Disseminated

Encephalomyelitis (“ADEM”)

. Petitioner further alleges that he suffered the

residual effect s of this injury for more than six months. Petitioner represent that

there has been no prior award or settlement of a civil action for damages o n his

behalf as a result of his condition.

Respondent denies that the flu vaccine caused petitioner’s alleged ADEM or

any other injury and further denies that his current disabilities are a sequela of a

vaccine

- related injury.

1 T he E

- Government Act of 2002, Pub. L. No. 107

- 347, 116 Stat. 2899, 2913 (Dec. 17,

2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),

the party has 14 days to file a motion proposing redaction of medical inform ation or other

information described in 42 U.S.C. § 300aa

- 12(d)(4). Any redactions ordered by the special

master will appear in the document posted on the website.2

Nevertheless, the parties agree to the joint stipulation, attached hereto as

“Appendix A.” 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:

A lump sum of $ 200 ,000 .00 in the form of a check payable to petitioner

, Martin D. Casper

. 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 in case 14

- 197 V according to this decision

and the attached stipulation. 2

Any questions may be directed to my law clerk, Mary Holmes , at (2 02) 357

-

63 60

.

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.Case 1:14-vv-00197-UNJ Document 35 Filed 07/23/15 Page 1 of 5Case 1:14-vv-00197-UNJ Document 35 Filed 07/23/15 Page 2 of 5Case 1:14-vv-00197-UNJ Document 35 Filed 07/23/15 Page 3 of 5Case 1:14-vv-00197-UNJ Document 35 Filed 07/23/15 Page 4 of 5Case 1:14-vv-00197-UNJ Document 35 Filed 07/23/15 Page 5 of 5