VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00219 Package ID: USCOURTS-cofc-1_15-vv-00219 Petitioner: Tate Takahashi Filed: 2016-07-18 Decided: 2016-08-08 Vaccine: influenza Vaccination date: 2013-10-17 Condition: transverse myelitis Outcome: compensated Award amount USD: 304584 AI-assisted case summary: Tate Takahashi filed a petition on March 4, 2015, alleging that he developed transverse myelitis as a result of receiving an influenza vaccine on October 17, 2013, and that he suffered residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the transverse myelitis or any other injury. On July 18, 2016, the parties filed a joint stipulation agreeing that compensation should be awarded. The Special Master, Thomas L. Gowen, found the stipulation reasonable and adopted it as the decision of the Court. The award included a lump sum of $4,584.57 to reimburse a State of Hawaii Medicaid lien, payable jointly to the petitioner and the Department of Human Services, Department of Attorney General, Civil Recoveries Division. The petitioner agreed to endorse this payment to the State. Additionally, a lump sum of $300,000.00 was awarded to the petitioner for remaining damages. Judgment was entered in accordance with the stipulation, totaling $304,584.57. The public decision does not describe the petitioner's counsel, respondent's counsel, specific clinical details of the transverse myelitis, or the medical experts involved. Theory of causation field: Petitioner Tate Takahashi alleged that he developed transverse myelitis as a result of receiving an influenza vaccine on October 17, 2013, and suffered residual effects for more than six months. The respondent denied causation. The parties filed a joint stipulation on July 18, 2016, agreeing to an award of compensation. The stipulation was approved by Special Master Thomas L. Gowen on August 8, 2016. The award consisted of $4,584.57 for a State of Hawaii Medicaid lien reimbursement and $300,000.00 for remaining damages, totaling $304,584.57. The public decision does not specify the theory of causation, the mechanism of injury, or any medical experts. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00219-0 Date issued/filed: 2016-08-08 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/18/2016) regarding 42 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00219-UNJ Document 46 Filed 08/08/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-219V Filed: July 18, 2016 * * * * * * * * * * * * * UNPUBLISHED TATE TAKAHASHI, * * Petitioner, * Special Master Gowen * v. * Joint Stipulation on Damages; * Influenza (“Flu”) Vaccine; SECRETARY OF HEALTH * Transverse Myelitis AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * Diana S. Sedar, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner. Ryan D. Pyles, United States Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On March 4, 2015, Tate Takahashi (“petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to 34 (2012). Petitioner alleged that he developed transverse myelitis as a result of receiving an influenza (“flu”) vaccine on October 17, 2013, and that he suffered the residual effects of this injury for more than six months. Stipulation at ¶¶ 1, 2, 4. On July 18, 2016, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that the flu immunization is the cause of petitioner’s alleged transverse myelitis and/or any other injury. Stipulation at ¶ 6. Nevertheless, 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, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 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 (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. 1 Case 1:15-vv-00219-UNJ Document 46 Filed 08/08/16 Page 2 of 7 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 stipulate that petitioner shall receive the following in compensation: a. A lump sum of $4,584.57, which amount represents reimbursement of a State of Hawaii Medicaid lien, in the form of a check payable jointly to petitioner and Department of Human Services Department of Attorney General Civil Recoveries Division 425 Queen Street Honolulu, HI 96813 Petitioner agrees to endorse this payment to the State; and b. A lump sum of $300,000.00 in the form of a check payable to petitioner. This amount represents compensation for remaining damages that would be available under 42 U.S.C. § 300aa-15(a). Id. at ¶ 8. The undersigned approves the requested amount for petitioner’s compensation. 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 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-00219-UNJ Document 46 Filed 08/08/16 Page 3 of 7 Case 1:15-vv-00219-UNJ Document 46 Filed 08/08/16 Page 4 of 7 Case 1:15-vv-00219-UNJ Document 46 Filed 08/08/16 Page 5 of 7 Case 1:15-vv-00219-UNJ Document 46 Filed 08/08/16 Page 6 of 7 Case 1:15-vv-00219-UNJ Document 46 Filed 08/08/16 Page 7 of 7