VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00893
Package ID: USCOURTS-cofc-1_14-vv-00893
Petitioner: Eva M. Kinkaid
Filed: 2014-09-23
Decided: 2015-09-10
Vaccine: influenza
Vaccination date: 2011-11-03
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 115000

AI-assisted case summary:
Eugenia Webb, as Administrator and Legal Representative of the Estate of Eva M. Kinkaid, filed a petition for compensation on September 23, 2014, on behalf of the estate of Eva M. Kinkaid. The petition alleged that Ms. Kinkaid received an influenza vaccine on November 3, 2011, which caused her to develop transverse myelitis (TM). The petition further alleged that Ms. Kinkaid's death on October 17, 2014, was a sequela of this alleged vaccine-related injury. The respondent, the Secretary of Health and Human Services, denied that the influenza immunization caused Ms. Kinkaid's TM, any other injury, or her death. Despite the respondent's denial, the parties reached a joint stipulation for compensation. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded a lump sum of $115,000.00, payable by check to petitioner Eugenia Webb as Administrator and Legal Representative of the Estate of Eva M. Kinkaid. This amount represents compensation for all damages available under 42 U.S.C. § 300aa-15(a). The case was resolved through this stipulation, and judgment was to be entered accordingly. Petitioner counsel was Ramon Rodriguez, III, of Rawls, McNelis & Mitchell. Respondent counsel was Justine Walters, of the United States Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details of the transverse myelitis, diagnostic tests performed, treatments received, or the specific mechanism by which the vaccine allegedly caused the injury.

Theory of causation field:
Petitioner alleged that an influenza vaccine administered on November 3, 2011, caused Eva M. Kinkaid to develop transverse myelitis (TM), and that her subsequent death on October 17, 2014, was a sequela of this injury. The respondent denied causation. The parties reached a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation resulted in an award of $115,000.00 to the estate. The theory of causation relied upon was the Vaccine Injury Table (Table), 42 C.F.R. §100.3(a), as the influenza vaccine is listed in the Table and the alleged injury, transverse myelitis, is a condition covered by the Table. The public decision does not name specific medical experts or detail the evidence presented to support the alleged causation. Petitioner counsel was Ramon Rodriguez, III, and respondent counsel was Justine Walters. The decision date was September 10, 2015.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00893-0
Date issued/filed: 2015-09-10
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/21/2015) regarding 30 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-00893-UNJ Document 34 Filed 09/10/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * *
EUGENIA WEBB, AS ADMINSTRATOR *
AND LEGAL REPRESENTATIVE OF *
THE ESTATE OF EVA M. KINKAID, * No. 14-893V
DECEASED, * Special Master Christian J. Moran
Petitioner, *
* Filed: July 21, 2015
v. *
* Stipulation; influenza (“flu”) vaccine;
SECRETARY OF HEALTH * transverse myelitis (“TM”); death.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Ramon Rodriguez, III, Rawls, McNelis & Mitchell, Richmond, VA, for Petitioner;
Justine Walters, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On July 17, 2015, respondent filed a joint stipulation concerning the petition
for compensation filed by Eugenia Webb, as Administrator and Legal
Representative of the Estate of Eva M. Kinkaid on September 23, 2014.2 The
petition seeks compensation for injuries and death related to Ms. Kinkaid’s receipt
of an influenza (“flu”) vaccine, which is contained in the Vaccine Injury Table (the
“Table”), 42 C.F.R. §100.3(a), and which Ms. Kinkaid received on November 3,
2011, caused Ms. Kinkaid to suffer from transverse myelitis (“TM”). Petitioner
further alleges that Ms. Kinkaid’s death was the sequela of her alleged vaccine-
related injury. Petitioner represents that there has been no prior award or
settlement of a civil action for damages on behalf of Ms. Kinkaid as a result of her
alleged condition or her death.
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 party has 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.
2 Ms. Kinkaid passed away on October 17, 2014. Upon Ms. Kinkaid’s death, Eugenia
Webb was substituted as petitioner, as administrator and legal representative of Ms. Kinkaid’s
estate.

Case 1:14-vv-00893-UNJ Document 34 Filed 09/10/15 Page 2 of 7
Respondent denies that the influenza immunization caused Ms. Kindaid’s
TM, any other injury, or her death.
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 of $115,000.00 in the form of a check payable to petitioner,
Eugenia Webb, as Administrator and Legal Representative of the Estate
of Eva M. Kinkaid. 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 14-893V according to this decision
and the attached stipulation.3
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
3 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.

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