VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00743 Package ID: USCOURTS-cofc-1_14-vv-00743 Petitioner: Nancy Riggs Filed: 2014-08-18 Decided: 2016-11-23 Vaccine: influenza Vaccination date: 2012-12-06 Condition: transverse myelitis Outcome: compensated Award amount USD: 95000 AI-assisted case summary: Nancy Riggs filed a petition for compensation under the National Vaccine Injury Compensation Program on August 18, 2014. Petitioner alleged that she developed transverse myelitis as a result of receiving an influenza vaccination on December 6, 2012. The respondent denied that the vaccination caused her injury. Despite the respondent's denial, the parties reached a settlement agreement. They filed a joint stipulation on December 30, 2015, agreeing to resolve the case. As part of the settlement, the respondent agreed to issue a payment of $95,000.00 to Nancy Riggs. This lump sum payment was intended to compensate for all damages available under the program. Special Master Mindy Michaels Roth adopted the stipulation and directed that judgment be entered in accordance with the decision. The case was thus compensated. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner was represented by Isaiah R. Kalinowski, Esq., and respondent was represented by Althea W. Davis, Esq. Theory of causation field: Petitioner Nancy Riggs alleged that she developed transverse myelitis as a result of receiving an influenza vaccination on December 6, 2012. Respondent denied causation. The parties reached a joint stipulation to settle the case, agreeing to a lump sum payment of $95,000.00 to petitioner for all damages. Special Master Mindy Michaels Roth adopted the stipulation. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The case was compensated via stipulation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00743-1 Date issued/filed: 2016-11-23 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/30/2015) regarding 43 DECISION Stipulation/Proffer Signed by Special Master Mindy Michaels Roth. (jdm) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00743-UNJ Document 54 Filed 11/23/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-743V Filed: December 30, 2015 * * * * * * * * * * * * * * * NANCY RIGGS, * * Joint Stipulation on Damages; Influenza Petitioner, * (Flu) Vaccine; Transverse Myelitis * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * Isaiah R. Kalinowski, Esq., Maglio Christopher and Toale, Washington, DC, for petitioner. Althea W. Davis, Esq., US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: Nancy Riggs [“petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program2 on August 18, 2014. Petitioner alleges that she developed transverse myelitis as a result of receiving an influenza vaccination on December 6, 2012. See Stipulation, filed December 30, 2015, at ¶¶ 1-4. Respondent denies that the influenza vaccination caused petitioner’s injury. Stipulation at ¶ 6. Nevertheless, the parties have agreed to settle the case. On December 30, 2015, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to issue the following payment: 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 (2006)). 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 1:14-vv-00743-UNJ Document 54 Filed 11/23/16 Page 2 of 7 A lump sum of $95,000.00 in the form of a check payable to petitioner, Nancy Riggs. 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 Case 1:14-vv-00743-UNJ Document 54 Filed 11/23/16 Page 3 of 7 Case 1:14-vv-00743-UNJ Document 54 Filed 11/23/16 Page 4 of 7 Case 1:14-vv-00743-UNJ Document 54 Filed 11/23/16 Page 5 of 7 Case 1:14-vv-00743-UNJ Document 54 Filed 11/23/16 Page 6 of 7 Case 1:14-vv-00743-UNJ Document 54 Filed 11/23/16 Page 7 of 7