VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00510
Package ID: USCOURTS-cofc-1_13-vv-00510
Petitioner: Melinda A. Schmidt
Filed: 2013-07-25
Decided: 2014-07-22
Vaccine: influenza
Vaccination date: 
Condition: encephalomyelitis
Outcome: compensated
Award amount USD: 26000

AI-assisted case summary:
Melinda A. Schmidt filed a petition on July 24, 2013, alleging that an influenza (flu) vaccination caused her to develop acute disseminated encephalomyelitis (ADEM) and that she experienced the residual effects of this injury for more than six months. Respondent denied that the flu vaccine caused petitioner's ADEM or any other injury.

Nonetheless, both parties agreed to a joint stipulation filed July 1, 2014 to settle the case. Special Master Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $26,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The Court also awarded attorneys' fees and costs of $10,965.40, payable jointly to petitioner and her counsel, Lawrence G. Michel of Kennedy, Berkley, Yarnevich & Williamson, Chtd. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Flu → ADEM (residual >6 months). Joint stipulation Jul 1, 2014; SM Hamilton-Fieldman. Comp $26,000. Fees $10,965.40 (Michel, Kennedy Berkley Yarnevich & Williamson Chtd, Salina KS). All fields correct.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00510-0
Date issued/filed: 2014-07-22
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/01/2014) regarding 22 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:13-vv-00510-UNJ Document 31 Filed 07/22/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-510V
(E-Filed: July 1, 2014)
* * * * * * * * * * * * * * *
MELINDA A. SCHMIDT, * UNPUBLISHED
*
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* Influenza vaccine; Encephalomyelitis;
SECRETARY OF HEALTH AND * Decision; Stipulation.
HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * *
Lawrence G. Michel, Kennedy, Berkley, et al., Salina, KS, for Petitioner.
Justine E. Daigneault, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On July 25, 2013, Petitioner, Melinda Schmidt, filed a petition seeking
compensation under the National Vaccine Injury Compensation Program (Athe Vaccine
Program@). Petitioner alleged that she suffered encephalomyelitis, and that this condition
was caused-in-fact by her influenza vaccination.2
1 Because this unpublished decision contains a reasoned explanation for the
undersigned’s action in this case, the undersigned intends 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 (2006)). As provided by Vaccine Rule 18(b), each party has 14
days within which to request redaction “of any information furnished by that party: (1)
that is a trade secret or commercial or financial in substance and is privileged or
confidential; or (2) that includes medical files or similar files, the disclosure of which
would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b).
Otherwise, “the entire” decision will be available to the public. Id.
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.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002)
1

Case 1:13-vv-00510-UNJ Document 31 Filed 07/22/14 Page 2 of 7
Respondent denies that Petitioner’s vaccination caused her injuries. Nonetheless,
both parties, while maintaining their above stated positions, agreed in a Stipulation, filed
July 1, 2014, (“Stipulation”) that the issues before them can be settled and that a decision
should be entered awarding Petitioner compensation.
The undersigned finds said stipulation reasonable and adopts it as the decision of
the Court in awarding damages, on the terms set forth therein.
The stipulation awards:
A lump sum of $26,000.00 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) to which Petitioner would be
entitled.
Stipulation ¶ 8.
The undersigned approves the requested amounts for Petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment herewith.3
IT IS SO ORDERED.
s/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
(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.
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

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