VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00112
Package ID: USCOURTS-cofc-1_15-vv-00112
Petitioner: Michael Perkins
Filed: 2015-02-04
Decided: 2016-09-16
Vaccine: influenza
Vaccination date: 2012-02-07
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 314091

AI-assisted case summary:
Michael Perkins filed a petition on February 4, 2015, alleging that he developed transverse myelitis as a result of receiving an influenza vaccine on February 7, 2012. The respondent, the Secretary of Health and Human Services, denied that the vaccination caused the petitioner's injury. The parties, however, reached a settlement agreement. As part of the stipulation, the respondent agreed to issue payments totaling $314,091. This amount included a lump sum of $312,293.74, paid by check to Michael Perkins, which represented compensation for first-year life care expenses ($50,180.00), lost earnings ($22,195.32), and pain and suffering ($239,918.42). Additionally, an amount sufficient to purchase an annuity contract was to be paid to the life insurance company from which the annuity would be purchased. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded compensation accordingly. The decision was issued on September 16, 2016. Petitioner was represented by Tara O’Mahoney, Esq., and respondent was represented by Justine Walters, Esq. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Michael Perkins alleged that he developed transverse myelitis following an influenza vaccination on February 7, 2012. Respondent denied causation. The parties reached a stipulation for settlement. The award was $314,091, comprising a lump sum of $312,293.74 for first year life care expenses, lost earnings, and pain and suffering, plus an amount for an annuity. Special Master Mindy Michaels Roth adopted the stipulation on September 16, 2016. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-00112-0
Date issued/filed: 2016-09-16
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 8/16/2016) regarding 33 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00112-UNJ Document 36 Filed 09/16/16 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-112V
(Filed: August 16, 2016)
* * * * * * * * * * * * * * *
MICHAEL PERKINS *
*
Petitioner, * Transverse myelitis; Influenza (“Flu”)
* Vaccine.
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * *
Tara O’Mahoney, Esq., Chicago-Kent College of Law, Chicago, IL, for petitioner.
Justine Walters, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On February 4, 2015, Michael Perkins [“petitioner”] filed a petition for compensation
under the National Vaccine Injury Compensation Program.2 Petitioner alleges that he developed
transverse myelitis (“TM”) as a result of receiving an influenza vaccination on February 7, 2012.
See Stipulation, filed August 15, 2016, at ¶¶ 1-4. Respondent denies that the influenza
immunization caused petitioner’s injury. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On July 11, 2016, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms.
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).

Case 1:15-vv-00112-UNJ Document 36 Filed 09/16/16 Page 2 of 9
Respondent agrees to issue the following payments:
1. A lump sum of $312,293.74, in the form of a check payable to petitioner,
Michael Perkins, which amount represents compensation for first year life care
expenses ($50,180.00), lost earnings ($22,195.32), and pain and suffering
($239.918.42); and
2. An amount sufficient to purchase the annuity contract described in
paragraph 10 of the attached stipulation, paid to the life insurance company
from which the annuity will be purchased (the “Life Insurance Company”).
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 1:15-vv-00112-UNJ Document 36 Filed 09/16/16 Page 3 of 9

Case 1:15-vv-00112-UNJ Document 36 Filed 09/16/16 Page 4 of 9

Case 1:15-vv-00112-UNJ Document 36 Filed 09/16/16 Page 5 of 9

Case 1:15-vv-00112-UNJ Document 36 Filed 09/16/16 Page 6 of 9

Case 1:15-vv-00112-UNJ Document 36 Filed 09/16/16 Page 7 of 9

Case 1:15-vv-00112-UNJ Document 36 Filed 09/16/16 Page 8 of 9

Case 1:15-vv-00112-UNJ Document 36 Filed 09/16/16 Page 9 of 9