VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00688
Package ID: USCOURTS-cofc-1_12-vv-00688
Petitioner: Diana M. Dobbs
Filed: 2012-10-12
Decided: 2017-08-10
Vaccine: influenza
Vaccination date: 2009-10-12
Condition: allergic encephalomyelitis and/or post-vaccination neuropathy
Outcome: compensated
Award amount USD: 150000

AI-assisted case summary:
Diana M. Dobbs filed a petition on October 12, 2012, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that a trivalent influenza vaccination received on or about October 12, 2009, caused her to develop allergic encephalomyelitis and/or post-vaccination neuropathy. The respondent denied that the flu vaccination caused the petitioner's alleged injuries. Despite the denial, the parties reached a settlement agreement. On July 18, 2017, they filed a joint stipulation outlining the terms of the settlement. Special Master Mindy Michaels Roth adopted the stipulation as the decision of the court. Under the terms of the settlement, petitioner Diana M. Dobbs received a lump sum payment of $150,000.00, intended as compensation for all damages available under 42 U.S.C. § 300aa-15(a). Additionally, the respondent issued a separate lump sum payment of $5,394.16 to reimburse a Louisiana Medicaid lien. This reimbursement was payable jointly to the petitioner and the Louisiana Department of Health, with the petitioner agreeing to endorse the payment to the State of Louisiana. The public decision does not describe the petitioner's specific onset of symptoms, clinical course, diagnostic tests, treatments, or the specific mechanism of injury. Petitioner was represented by Jessica Hayes, Esq., of the Murray Law Firm, and respondent was represented by Glenn MacLeod, Esq., of the U.S. Department of Justice.

Theory of causation field:
Petitioner Diana M. Dobbs alleged that a trivalent influenza vaccine administered on or about October 12, 2009, caused her to develop allergic encephalomyelitis and/or post-vaccination neuropathy. Respondent denied causation. The parties reached a joint stipulation on July 18, 2017, to settle the case. Special Master Mindy Michaels Roth adopted the stipulation. The settlement included a lump sum award of $150,000.00 for all damages under § 300aa-15(a) and a separate lump sum of $5,394.16 to reimburse a Louisiana Medicaid lien. Petitioner was represented by Jessica Hayes, Esq. (Murray Law Firm), and respondent by Glenn MacLeod, Esq. (U.S. Department of Justice). The public decision does not detail the specific medical mechanism, expert testimony, or evidence presented regarding causation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00688-0
Date issued/filed: 2017-08-10
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 7/18/2017) regarding 86 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Copy to parties.
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Case 1:12-vv-00688-UNJ Document 90 Filed 08/10/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-688V
Filed: July 18, 2017
* * * * * * * * * * * * * * *
DIANA M. DOBBS, * UNPUBLISHED
*
Petitioner, * Decision on Joint Stipulation;
v. * Allergic Encephalomyelitis; Post-Vaccine
* Neuropathy; Influenza (“Flu”) vaccine
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * *
Jessica Hayes, Esq., Murray Law Firm, New Orleans, LA, for petitioner.
Glenn MacLeod, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On October 12, 2012, Diana M. Dobbs (“Ms. Dobbs” or “petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
she developed allergic encephalomyelitis and/or post-vaccination neuropathy as a result of
receiving a trivalent influenza vaccination on or about October 12, 2009. See Stipulation, filed
July 18, 2017, at ¶¶ 1-4. Respondent denies that the flu vaccination caused petitioner’s injuries.
See Stipulation at ¶ 6.
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-00688-UNJ Document 90 Filed 08/10/17 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. On July 18, 2017, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
a. A lump sum of $5,394.16, which amount represents reimbursement of a lien for
services provided to petitioner, in the form of a check payable jointly to petitioner
and
Louisiana Department of Health
Attention: Weldon J. Hill, II
Post Office Box 3836
Baton Rouge, Louisiana 70821
Petitioner agrees to endorse this payment to the State of Louisiana; and
b. A lump sum of $ 150,000.00 in the form of a check payable to petitioner, Diana M.
Dobbs. This amount represents compensation for all damages that would be available
under § 300aa-15(a).
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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