VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00847 Package ID: USCOURTS-cofc-1_13-vv-00847 Petitioner: Thomas O’Keeffe Filed: 2013-10-29 Decided: 2015-02-27 Vaccine: influenza Vaccination date: 2010-12-08 Condition: Transverse Myelitis Outcome: compensated Award amount USD: 400000 AI-assisted case summary: Thomas O’Keeffe filed a petition on October 29, 2013, alleging that an influenza vaccine he received on December 8, 2010, caused him to develop Transverse Myelitis (TM) with residual effects lasting more than six months. The respondent denied that the flu vaccine caused petitioner's TM or any other injury. The parties subsequently agreed to a joint stipulation filed on September 16, 2014, to settle the case. Special Master Christian J. Moran reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. As part of the stipulation, Mr. O'Keeffe was awarded a lump sum payment of $400,000.00, payable by check to Thomas O'Keeffe. This amount was intended to compensate for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific onset of symptoms, clinical details of the TM, diagnostic tests performed, treatments received, or the specific mechanism by which the vaccine allegedly caused the injury. The names of petitioner's counsel were Ronald C. Homer of Conway, Homer & Chin-Caplan, and respondent's counsel was Lisa A. Watts of the U.S. Department of Justice. Theory of causation field: Petitioner Thomas O'Keeffe alleged that an influenza vaccine received on December 8, 2010, caused him to develop Transverse Myelitis (TM) with residual effects lasting more than six months. The respondent denied causation. The parties entered into a joint stipulation on September 16, 2014, which was adopted by Special Master Christian J. Moran. The stipulation resulted in a compensation award of $400,000.00. The public decision does not detail the specific medical mechanism, expert testimony, or evidence presented regarding causation, other than the allegation that the influenza vaccine, which is listed on the Vaccine Injury Table, caused the TM. Petitioner's counsel was Ronald C. Homer; respondent's counsel was Lisa A. Watts. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00847-0 Date issued/filed: 2014-10-16 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/16/2014) regarding 30 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00847-UNJ Document 34 Filed 10/16/14 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * THOMAS O’KEEFFE, * * No. 13-847V Petitioner, * Special Master Christian J. Moran * v. * Filed: September 16, 2014 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * Transverse Myelitis (“TM”). * Respondent. * * * * * * * * * * * * * * * * * * * * * * Ronald C. Homer, Conway, Homer & Chin-Caplan, Boston, MA, for Petitioner; Lisa A. Watts, U.S. Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On September 16 ,2014, the parties filed a joint stipulation concerning the petition for compensation filed by Thomas O’Keeffe on October 29, 2013. In his petition, petitioner alleged that the influenza vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on December 8, 2010, caused him to suffer Transverse Myelitis (“TM”). Petitioner further alleges that he suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Respondent denies that the influenza vaccine caused petitioner to suffer TM or any other injury. 1 The 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 parties have 14 days to file a motion proposing redaction of medical information 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. Case 1:13-vv-00847-UNJ Document 34 Filed 10/16/14 Page 2 of 7 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 payment of $400,000.00 in the form of a check payable to Thomas O’Keeffe. 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 13-847V according to this decision and the attached stipulation.2 Any questions may be directed to my law clerk, Christina Gervasi, at (202) 357-6521. 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. 2 Case 1:13-vv-00847-UNJ Document 34 Filed 10/16/14 Page 3 of 7 Case 1:13-vv-00847-UNJ Document 34 Filed 10/16/14 Page 4 of 7 Case 1:13-vv-00847-UNJ Document 34 Filed 10/16/14 Page 5 of 7 Case 1:13-vv-00847-UNJ Document 34 Filed 10/16/14 Page 6 of 7 Case 1:13-vv-00847-UNJ Document 34 Filed 10/16/14 Page 7 of 7