VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00879 Package ID: USCOURTS-cofc-1_14-vv-00879 Petitioner: Donna Anderson Filed: 2014-09-22 Decided: 2019-08-21 Vaccine: influenza Vaccination date: 2012-10-11 Condition: acute disseminated encephalomyelitis (ADEM) and autoimmune autonomic ganglionopathy (AAG), significant aggravation of her carpal tunnel syndrome and cervical spondylosis Outcome: compensated Award amount USD: 140000 AI-assisted case summary: Donna Anderson filed a petition for compensation under the National Vaccine Injury Compensation Program on September 22, 2014, alleging that she suffered injuries as a result of an influenza vaccination received on October 11, 2012. Ms. Anderson claimed that the vaccination caused central and peripheral nervous system issues, specifically acute disseminated encephalomyelitis (ADEM) and autoimmune autonomic ganglionopathy (AAG). She also alleged that the vaccination significantly aggravated her pre-existing carpal tunnel syndrome and cervical spondylosis, and that these residual effects lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused Ms. Anderson's alleged injuries or current condition. Despite maintaining their respective positions on causation, the parties entered into a stipulation to settle the case. The stipulation provided for a decision awarding compensation to Ms. Anderson. The award included a lump sum of $140,000.00 and an amount sufficient to purchase an annuity contract, intended to cover all damages available under the program. The Special Master adopted the stipulation and awarded compensation accordingly, with judgment to be entered based on the terms of the agreement. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00879-2 Date issued/filed: 2019-09-13 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 8/21/19) regarding 133 DECISION Stipulation/Proffer. Signed by Special Master Thomas L. Gowen. (kb) Service on parties made. -------------------------------------------------------------------------------- Case 1:14-vv-00879-UNJ Document 137 Filed 09/13/19 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: August 21, 2019 * * * * * * * * * * * * * UNPUBLISHED DONNA ANDERSON, * * No. 14-879V Petitioner, * v. * Special Master Gowen * SECRETARY OF HEALTH * Influenza (“Flu”); Acute Disseminated AND HUMAN SERVICES, * Encephalomyelitis (“ADEM”); Auto- * Immune Autonomic Ganglionopathy Respondent. * (“AAG”); Carpal Tunnel Syndrome; * * * * * * * * * * * * * * * * * * * Cervical Spondylosis; Stipulation. Lisa A. Roquemore, Law Office of Lisa A. Roquemore, Rancho Santa Margarita, CA, for petitioner. Adriana R. Teitel, United States Department of Justice, Washington, DC, for respondent. DECISION ON STIPULATION1 On September 22, 2014, Donna Anderson (“petitioner”) filed a petition for compensation within the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner received an influenza (“flu”) vaccination on October 11, 2012. Stipulation filed August 21, 2019 (ECF No. 132) (“Stipulation”) at ¶ 2. Petitioner alleged that as a result of that flu vaccination, she suffered from central and peripheral nervous system issues, including but not limited to acute disseminated encephalomyelitis (“ADEM”) and autoimmune autonomic ganglionopathy (“AAG”). Petitioner alleged that as a result of that flu vaccination, she also suffered a significant aggravation of her carpal tunnel syndrome and cervical spondylosis. Petitioner further alleges that she experienced the residual effects of those injuries for more than six months. Id. at ¶ 4. 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I intend to post it on the website of the United States Court of Federal Claims. The Court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the opinion is posted on the Court’s website, each party has 14 days to file a motion requesting 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). An objecting party must provide the Court with a proposed redacted version of the opinion. Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the Court’s website without any changes. 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 (2012) (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. Case 1:14-vv-00879-UNJ Document 137 Filed 09/13/19 Page 2 of 9 On August 21, 2019, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation. Respondent denies that the flu vaccination caused petitioner to suffer from ADEM or AAG, or suffer the significant aggravation of carpal tunnel syndrome or cervical spondylosis. Respondent further denies that the flu vaccination caused any other injury or her current condition. Id. at ¶ 6. Maintaining their respective positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding compensation according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation awards: 1) A lump sum of $140,000.00, in the form of a check payable to petitioner; and 2) An amount sufficient to purchase the annuity contract described in the stipulation at paragraph 10. These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I adopt the stipulation as the decision of the Court in awarding damages. I hereby award compensation in the amount and on the terms set forth therein. Accordingly, 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 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:14-vv-00879-UNJ Document 137 Filed 09/13/19 Page 3 of 9 Case 1:14-vv-00879-UNJ Document 137 Filed 09/13/19 Page 4 of 9 Case 1:14-vv-00879-UNJ Document 137 Filed 09/13/19 Page 5 of 9 Case 1:14-vv-00879-UNJ Document 137 Filed 09/13/19 Page 6 of 9 Case 1:14-vv-00879-UNJ Document 137 Filed 09/13/19 Page 7 of 9 Case 1:14-vv-00879-UNJ Document 137 Filed 09/13/19 Page 8 of 9 Case 1:14-vv-00879-UNJ Document 137 Filed 09/13/19 Page 9 of 9