VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00552
Package ID: USCOURTS-cofc-1_12-vv-00552
Petitioner: M.S.
Filed: 2012-08-30
Decided: 2017-01-17
Vaccine: influenza
Vaccination date: 2009-08-31
Condition: transverse myelitis and stroke
Outcome: compensated
Award amount USD: 354585

AI-assisted case summary:
On August 30, 2012, Javad Saeid, as legal representative for a minor child, M.S., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that M.S. developed transverse myelitis (TM) and stroke as a result of an influenza vaccine received on August 31, 2009. The respondent denied that the flu vaccine caused M.S.'s alleged TM and stroke, or any other injury, and further denied that her current disabilities were a sequela of a vaccine-related injury. Despite the contested nature of the claim, the parties reached a joint stipulation to settle the case. Respondent agreed to pay $104,585.02 to reimburse a lien for services provided by TMHP/Medicaid, with the payment to be made jointly to the petitioner and TMHP/Medicaid. Additionally, respondent agreed to pay $250,000.00 as compensation for all remaining elements of damages. The total award of $354,585.02 was to be paid to petitioner as guardian/conservator of the estate of M.S. Special Master Mindy Michaels Roth adopted the parties' stipulation and directed that judgment be entered accordingly. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner alleged that M.S. developed transverse myelitis and stroke as a result of an influenza vaccine received on August 31, 2009. Respondent denied causation. The parties reached a joint stipulation to settle the case, resulting in an award of $354,585.02, comprising $104,585.02 for reimbursement of a TMHP/Medicaid lien and $250,000.00 for all remaining damages. The public decision does not specify the theory of causation, mechanism, or any expert testimony. The case was settled via stipulation adopted by Special Master Mindy Michaels Roth on January 17, 2017.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00552-0
Date issued/filed: 2017-02-13
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 1/17/2017) regarding 72 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (jo) Copy to parties.
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Case 1:12-vv-00552-UNJ Document 78 Filed 02/13/17 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
(Filed: January 17, 2017)
No. 12-552V
* * * * * * * * * * * * * UNPUBLISHED
JAVAD SAEID, Legal representative *
Of a Minor Child, M.S. * Decision on Joint Stipulation;
* Transverse Myelitis (“TM”);
Petitioner, * Influenza (“Flu”) Vaccine.
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * *
Michael Adly Baselous, San Antonio, TX, for petitioner.
Glen Alexander MacLeod., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On August 30, 2012, Javad Saeid [“petitioner”] filed a petition for compensation on
behalf of her minor child M.S., under the National Vaccine Injury Compensation Program.2
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I
intend to post this decision on the United States Court of Federal Claims' website, in accordance
with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified
as amended at 44 U.S.C. § 3501 note (2012)). In accordance with Vaccine Rule 18(b), a party
has 14 days to identify and move to delete medical or other information, that satisfies the criteria
in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for
redaction must include a proposed redacted decision. If, upon review, I agree that the identified
material fits within the requirements of that provision, I will delete such material 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).
1

Case 1:12-vv-00552-UNJ Document 78 Filed 02/13/17 Page 2 of 8
Petitioner alleges that M.S. developed transverse myelitis (“TM”) and stroke as a result of the
influenza (“flu”) vaccine she received on August 31, 2009. See Stipulation, filed January 13,
2017, at ¶¶ 1-4. Respondent denies that the flu vaccine caused M.S.’s alleged TM and stroke, or
any other injury, and further denies that her current disabilities are a sequela of a vaccine-related
injury. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On January 13, 2017, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payments:
 A lump sum of $104,585.02, which amount represents reimbursement of a lien
for services provided to M.S., in the form of a check payable jointly to petitioner
and
TMHP/Medicaid
Attn: Tort Receivables
TPL/Tort Department
PO Box 202948
Austin, TX 78720-2948
Petitioner agrees to endorse this payment to the State of Texas; and
 A lump sum of $250,000.00, which amount represents compensation for all
remaining elements of damages available to petitioner under 42 U.S.C. § 300aa-
15(a), in the form of a check payable to petitioner as guardian/conservator of the
estate of M.S., for the benefit of M.S. No payment shall be made until petitioner
provides respondent with documentation establishing that she has been appointed as
the guardian/conservator of M.S.’s estate.
I adopt the parties’ stipulation attached hereto, and award compensation in the amount
and on the terms set forth therein. The clerk of the court is directed to enter judgment in
accordance with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a
notice renouncing the right to seek review.
2

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