VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00793
Package ID: USCOURTS-cofc-1_13-vv-00793
Petitioner: Vivian Morales Rivera
Filed: 2013-10-11
Decided: 2015-08-19
Vaccine: influenza
Vaccination date: 2010-10-21
Condition: encephalomyelitis
Outcome: compensated
Award amount USD: 900000

AI-assisted case summary:
Vivian Morales Rivera filed a petition on October 11, 2013, alleging that an influenza (flu) vaccination she received on October 21, 2010 caused her to develop encephalomyelitis and that she experienced the residual effects of this injury for more than six months. Respondent denied that the flu vaccine caused petitioner's encephalomyelitis or any other injury.

Nonetheless, both parties agreed to a joint stipulation filed July 27, 2015 to settle the case. Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $900,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The Court also awarded attorneys' fees and costs of $26,046.50, payable jointly to petitioner and her counsel, Manuel Rivera of Manuel Rivera Esquire & Associates. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Flu Oct 21, 2010 → encephalomyelitis (residual >6 months). Joint stipulation Jul 27, 2015; SM Gowen. Comp $900,000. Fees $26,046.50 (Manuel Rivera, Manuel Rivera Esquire & Associates, Arlington VA).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00793-0
Date issued/filed: 2015-08-19
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/29/2015) regarding 46 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00793-UNJ Document 47 Filed 08/19/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-793V
Filed: July 29, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
VIVIAN MORALES RIVERA, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Encephalomyelitis.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Manuel Rivera, Manuel Rivera Esquire & Associates, Arlington, VA, for petitioner.
Ann D. Martin, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On October 11, 2013, Vivian Morales Rivera (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner
alleged that as a result of receiving an influenza (“flu”) vaccine on October 21, 2010, she suffered
encephalomyelitis. Stipulation ¶ 2, 4, filed July 28, 2015. Further, petitioner alleged that she
experienced residual effects of her injury for more than six months. Id. at ¶ 4.
On July 28, 2015, the parties filed a stipulation in which they state that a decision should
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, 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).
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-1 to -34 (2006) (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 1:13-vv-00793-UNJ Document 47 Filed 08/19/15 Page 2 of 7
be entered awarding compensation. Respondent denies that the flu vaccination caused petitioner’s
encephalomyelitis or any other injury. Id. at ¶ 6. 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 petitioner shall receive the following compensation:
A lump sum of $900,000.00, in the form of a check payable to petitioner, Vivian
Morales Rivera. This amount represents compensation for all damages that would
be available under 42 U.S.C. § 300aa-15(a).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of
the parties’ stipulation.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
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

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