VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00476
Package ID: USCOURTS-cofc-1_14-vv-00476
Petitioner: Marcie Mintz
Filed: 2014-06-04
Decided: 2015-06-09
Vaccine: influenza
Vaccination date: 2012-11-17
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 290000

AI-assisted case summary:
Marcie Mintz filed a petition on June 4, 2014, under the National Vaccine Injury Compensation Program, alleging that she suffered from transverse myelitis as a result of receiving an influenza vaccination on November 17, 2012. She further alleged that she experienced residual effects or complications from this vaccine injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her condition or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury. Despite the denial, on May 13, 2015, the parties filed a joint stipulation agreeing to an award of compensation. Special Master Nora Beth Dorsey adopted the stipulation, awarding Marcie Mintz a lump sum of $275,000.00 for all damages. On May 19, 2015, the parties filed a separate stipulation for attorneys' fees and costs, agreeing to a total award of $14,900.00, which Special Master Dorsey also approved. The clerk was ordered to enter judgment in accordance with the terms of the parties' stipulations. Petitioner was represented by Tara O’Mahoney of the Law Offices of Chicago-Kent College of Law, and respondent was represented by Michael Milmoe of the United States Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Marcie Mintz alleged that an influenza vaccine administered on November 17, 2012, caused her transverse myelitis and resulting residual effects or complications for more than six months. The respondent denied causation. The parties reached a stipulation for compensation, and Special Master Nora Beth Dorsey adopted this stipulation, awarding $275,000.00 in damages. A subsequent stipulation for attorneys' fees and costs totaling $14,900.00 was also approved by Special Master Dorsey. The specific theory of causation, medical experts, or detailed clinical information were not described in the public decision, which was based on a joint stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00476-0
Date issued/filed: 2015-06-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/13/2015) regarding 26 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:14-vv-00476-UNJ Document 35 Filed 06/03/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-476V
Filed: May 13, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
MARCIE MINTZ, *
*
Petitioner, *
* Special Master Dorsey
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Joint Stipulation on Damages;
* Influenza (Flu) Vaccine; Transverse
Respondent. * Myelitis (TM)
*
* * * * * * * * * * * * * * * *
Tara O’Mahoney, Law Offices of Chicago-Kent College of Law, Chicago, IL, for petitioner.
Michael Milmoe, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On June 4, 2014, Marcie Mintz (“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 vaccination on November 17, 2012, she suffered from
transverse myelitis. Petition at 1. Petitioner further alleged that she suffered the residual effects
or complications of this vaccine injury for more than six months. Id. at 8. On May 13, 2015, the
parties filed a stipulation, stating that a decision should be entered awarding compensation.
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 1:14-vv-00476-UNJ Document 35 Filed 06/03/15 Page 2 of 7
Respondent denies that the flu vaccine caused petitioner’s alleged transverse myelitis, or
any other injury, and further denies that petitioner’s current disabilities are sequelae of a vaccine-
related injury. 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 $275,000.00, in the form of a check payable to petitioner representing all
damages available under 42 U.S.C. 300aa-15(a).
Stipulation ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
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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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00476-1
Date issued/filed: 2015-06-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/19/2015) regarding 29 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:14-vv-00476-UNJ Document 36 Filed 06/09/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: May 19, 2015
* * * * * * * * * * * * * * UNPUBLISHED
MARCIE MINTZ, * No. 14-476V
*
Petitioner, * Special Master Dorsey
*
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Tara O’Mahoney, Law Offices of Chicago-Kent College of Law, Chicago, IL, for petitioner.
Michael Patrick Milmoe, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On June 14, 2014, Marcie Mintz (“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”) vaccination on November 17, 2012, she suffered
from transverse myelitis. See Petition at 1. On May 13, 2015, the undersigned entered a
decision awarding compensation to petitioner based on a stipulation filed by the parties.
On May 19, 2015, the parties filed a Stipulation of Facts Concerning Attorney’s Fees and
Costs. According to the stipulation, the parties stipulate to a total award to petitioner of
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision 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, 116 Stat. 2899,
2913 (Dec. 17, 2002). 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. §§ 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 1:14-vv-00476-UNJ Document 36 Filed 06/09/15 Page 2 of 2
attorneys’ fees and costs in the amount of $14,900.00. In accordance with General Order #9,
petitioner’s counsel states that petitioner did not advance any reimbursable costs in pursuit of this
claim.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of petitioner’s request and the lack of any objection
by respondent, the undersigned GRANTS the request for approval and payment of attorneys’
fees and costs.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioner and to petitioner’s attorney, Tara
O’Mahoney, in the amount of $14,900.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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