VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00039
Package ID: USCOURTS-cofc-1_15-vv-00039
Petitioner: Audra Najera
Filed: 2015-01-14
Decided: 2015-05-15
Vaccine: influenza
Vaccination date: 2012-10-09
Condition: partial transverse myelitis
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Audra Najera filed a petition on January 14, 2015, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that on October 9, 2012, she received an influenza vaccine and subsequently suffered from partial transverse myelitis, with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or aggravated the alleged injury. Despite these differing positions, the parties reached a joint stipulation for damages. On April 15, 2015, Special Master Nora Beth Dorsey adopted the stipulation, awarding Audra Najera $100,000.00 in compensation for all damages. This amount was to be paid as a lump sum via check. The stipulation specified that this compensation covered all damages available under 42 U.S.C. § 300aa-15(a). The parties also agreed to further proceedings for attorneys' fees and costs. On August 19, 2015, the parties filed a stipulation for attorneys' fees and costs. On September 10, 2015, Special Master Nora Beth Dorsey approved a joint stipulation awarding $16,000.00 in attorneys' fees and costs. This amount was to be paid as a check jointly payable to Audra Najera and her attorney, Alison H. Haskins of Maglio Christopher & Toale, PA. Petitioner's counsel represented that Ms. Najera did not personally incur any costs. The decision notes that the case involves an influenza vaccine and the alleged injury of transverse myelitis, which is listed on the Vaccine Injury Table. The public decision does not describe the specific onset of symptoms, medical tests, or treatments related to Ms. Najera's condition.

Theory of causation field:
Petitioner Audra Najera alleged that she suffered from partial transverse myelitis as a result of receiving an influenza vaccine on October 9, 2012. The influenza vaccine is listed on the Vaccine Injury Table. The respondent denied that the vaccine caused or aggravated the alleged injury. The parties reached a joint stipulation for damages, and on April 15, 2015, Special Master Nora Beth Dorsey adopted the stipulation, awarding petitioner $100,000.00 for all damages. A subsequent stipulation on August 19, 2015, addressed attorneys' fees and costs, and on September 10, 2015, Special Master Dorsey awarded $16,000.00 in attorneys' fees and costs, payable jointly to petitioner and her counsel, Alison H. Haskins of Maglio Christopher & Toale, PA. Petitioner's counsel represented that petitioner did not incur personal costs. The public decision does not detail the specific mechanism of injury, medical experts, or clinical findings.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00039-0
Date issued/filed: 2015-05-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/15/2015) regarding 17 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:15-vv-00039-UNJ Document 22 Filed 05/15/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0039V
Filed: April 15, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
AUDRA NAJERA, *
* Special Master Dorsey
Petitioner, *
*
v. *
*
SECRETARY OF HEALTH * Joint Stipulation on Damages;
AND HUMAN SERVICES, * Influenza (Flu) Vaccine;
* Transverse Myelitis.
Respondent. *
*
* * * * * * * * * * * * * * * *
Alison H. Haskins, Maglio, Christopher and Toale, PA, Sarasota, FL, for petitioner.
Darryl R. Wishard, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On January 14, 2015, Audra Najera (“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”) vaccine on October 9, 2012,
she suffered from partial transverse myelitis. Petition at 4. Petitioner further alleged that she
suffered the residual effects or complications of this vaccine injury for more than six months. Id.
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 1:15-vv-00039-UNJ Document 22 Filed 05/15/15 Page 2 of 7
at 8-9. On April 15, 2015, the parties filed a stipulation, stating that a decision should be entered
awarding compensation.
Respondent denies that the flu vaccine either caused or significantly aggravated
petitioner’s alleged injury or any other injuries, and denies that petitioner’s current disabilities
are the result 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 stipulated that petitioner shall receive the following compensation:
A lump sum of $100,000.00, in the form of a check payable to petitioner. This amount
represent compensation for all damages that would be 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

Case 1:15-vv-00039-UNJ Document 22 Filed 05/15/15 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
AUDRA NAJERA, )
)
Petitioner, ) No. I 5-39V ECF
)
v. ) Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
~~~~~~~~~~~~~~ )
STIPULATION
The parties hereby stipulate to the following matters:
I. Petitioner, Audra Najera, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l 0 to 34 (the "Vaccine
Program"). The petition seeks compensation lor injuries allegedly related to petitioner's receipt
of the influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42
C.F.R. § 100.3(a).
2. On October 9, 2012, petitioner received the flu vaccine.
3. The flu vaccine was administered within the United States.
4. Petitioner alleges that, as a result of receiving the flu vaccine, she suffered from
transverse myelitis ("TM'"), and that she experienced symptoms of that injury for more than six
months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her alleged injuries.

Case 1:15-vv-00039-UNJ Document 22 Filed 05/15/15 Page 4 of 7
6. Respondent denies that the flu vaccine either caused or significantly aggravated
petitioner's alleged injury or any other injuries, and denies that petitioner's current disabilities
are the result of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent
with the terms of this Stipulation, and after petitioner has filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-21(a)(I), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of $100,000.00, in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-l 5(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-2 I (a)(I), and an application, the parties will submit to fwther proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
I 0. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-l 5(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
2

Case 1:15-vv-00039-UNJ Document 22 Filed 05/15/15 Page 5 of 7
I I. Payment made pursuant to paragraph 8 of this Stipulation, and any amounts
awarded pursuant to paragraph 9 of this Stipulation, will be made in accordance with 42 U.S.C.
§ 300aa-l 5(i), subject to the availability of sufficient statutory funds.
12. The patties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, the money provided pursuant to this Stipulation will be
used solely for the benefit of petitioner, as contemplated by a strict construction of 42 U.S.C.
§ 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-I 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity and on behalf of her heirs, executors. administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions, causes of action (including
agreements, judgments, claims, damages, loss of services, expenses and al I demands of whatever
kind or nature) that have been brought, could have been brought, or could be timely brought in
the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42
U.S.C. § 300aa-I 0 et seq., on account of, or in any way growing out of, any and all known or
unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from. or
alleged to have resulted from, the flu vaccine administered on October 9, 2012, as alleged by
petitioner in a petition for vaccine compensation filed on or about January 14, 2015, in the
United States Court of Federal Claims as petition No. l 5-39V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalfof either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or ifthe Court of Federal Claims fails to enter judgment in conformity with a
3

Case 1:15-vv-00039-UNJ Document 22 Filed 05/15/15 Page 6 of 7
decision that is in complete conformity with the terms of this Stipulation, then the parties·
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine received by petitioner either caused or
significantly aggravated petitioner's alleged injury, or caused any current alleged injury or
disability.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:15-vv-00039-UNJ Document 22 Filed 05/15/15 Page 7 of 7
Respectfully submitted,
PETITIONER:
A'll'ORNEYOFRECORDFOR
PE1'IT10NER:
1-_L_ __
--......
aglio, Christopher & Toale, PA Deputy Director
1605 Main Street, Suite 710 Torts Branch
Sarasota, FL 34236 Civil Division
(888) 952-5042 U.S. Deprutment of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
~~
!~~.~~AAP
DAlUtYL R. WISHARD
Director, Division of Injury Senior Trial Attorney
Compensation Programs (DICP) Torts Branch
Healthcare Systems Bureau Civil Division
U.S. Department of Health And U.S. Department of Justice
Human Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
Parklawn Building, Mail Stop 11C -26 Washint;t::-., !:'C' ::!~':'' ~ ~ '. '. ~
Rockville, MD 20857 (202) 616-4357
_+~(1_s-'/- -
f_S_- _
Dated:
5

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00039-1
Date issued/filed: 2015-09-10
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/20/2015) regarding 24 DECISION Fees Stipulation/Proffer Signed by Chief Special Master Nora Beth Dorsey. (tlf) Copy to parties.
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Case 1:15-vv-00039-UNJ Document 27 Filed 09/10/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Case No. 15-39V
Filed: August 20, 2015
* * * * * * * * * * * * * *
AUDRA NAJERA, * UNPUBLISHED
*
Petitioner, *
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Attorneys’ Fees and Costs;
AND HUMAN SERVICES, * Reasonable Amount Requested to which
* Respondent Does not Object.
Respondent. *
*
* * * * * * * * * * * * *
Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Darryl R. Wishard, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On January 14, 2015, Audra Najera (“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 she developed transverse myelitis as a result of an influenza (“flu”) vaccination she received
on October 9, 2012. See Petition at ¶ 1, 10. On April 15, 2015, the undersigned entered a decision
awarding compensation to petitioner based on a joint stipulation filed by the parties.
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 1:15-vv-00039-UNJ Document 27 Filed 09/10/15 Page 2 of 2
On August 19, 2015, the parties filed a stipulation concerning attorneys’ fees and costs.
The parties stipulate to a total award of attorneys’ fees and costs in the amount of $16,000.00.
Stipulation for Fees and Costs at ¶ 5. In accordance with General Order #9, petitioner’s counsel
represents that petitioner did not personally incur any costs in pursuit of her claim. Id. at ¶ 4.
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, Alison
H. Haskins, of the law firm Maglio Christopher & Toale, PA, in the amount of
$16,000.00.
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