VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00447 Package ID: USCOURTS-cofc-1_15-vv-00447 Petitioner: Lillian R. Johnson Filed: 2017-07-24 Decided: 2017-07-24 Vaccine: influenza Vaccination date: 2012-09-17 Condition: transverse myelitis Outcome: compensated Award amount USD: 153000 AI-assisted case summary: Petitioner Lillian R. Johnson filed a claim on July 24, 2017, alleging that she suffered transverse myelitis (TM) as a result of receiving an influenza vaccine on September 17, 2012. She further alleged that the residual effects of her condition lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Johnson's TM or any other injury. The parties, represented by counsel Carol L. Gallagher for the petitioner and Jennifer L. Reynaud for the respondent, reached a stipulation to resolve the case. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded Ms. Johnson $153,000.00 in compensation for all damages available under the program. This award was to be paid as a lump sum check to Ms. Johnson. The decision was issued on July 24, 2017. Theory of causation field: Petitioner Lillian R. Johnson alleged that her September 17, 2012, influenza vaccine caused transverse myelitis (TM) and residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman adopted the stipulation, awarding $153,000.00 as a lump sum to petitioner. The public decision does not describe the specific medical mechanism, expert testimony, or detailed clinical facts supporting the theory of causation or the respondent's denial. The award was based on the parties' agreement rather than a finding of causation after litigation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00447-0 Date issued/filed: 2017-08-18 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/24/2017) regarding 50 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00447-UNJ Document 59 Filed 08/18/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-447V Filed: July 24, 2017 Not for Publication ************************************* LILLIAN R. JOHNSON, * * Petitioner, * * Damages decision based on v. * stipulation; influenza (“flu”) * vaccine; transverse myelitis (“TM”) SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Carol L. Gallagher, Linwood, NJ, for petitioner. Jennifer L. Reynaud, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On July 24, 2017, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered transverse myelitis (“TM”) caused by her September 17, 2012 receipt of influenza (“flu”) vaccine. Petitioner further alleges that she suffered the residual effects of her alleged injury for more than six months. Respondent denies that the flu vaccine caused petitioner’s TM or any other injury. Nonetheless, the parties agreed to resolve this matter informally. 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to delete such information prior to the document’s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall delete such material from public access. Case 1:15-vv-00447-UNJ Document 59 Filed 08/18/17 Page 2 of 7 The undersigned finds the terms of the stipulation to be reasonable. The court adopts the parties’ stipulation, attached, and awards compensation in the amount and on the terms set forth in the stipulation. Pursuant to the stipulation, the court awards a lump sum of $153,000.00, representing reimbursement for all damages that would be available under 42 U.S.C. § 300aa- 15(a) (2012). The award shall be in the form of a check payable to petitioner in the amount of $153,000.00. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2 IT IS SO ORDERED. Dated: July 24, 2017 s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2 Case 1:15-vv-00447-UNJ Document 59 Filed 08/18/17 Page 3 of 7 Case 1:15-vv-00447-UNJ Document 59 Filed 08/18/17 Page 4 of 7 Case 1:15-vv-00447-UNJ Document 59 Filed 08/18/17 Page 5 of 7 Case 1:15-vv-00447-UNJ Document 59 Filed 08/18/17 Page 6 of 7 Case 1:15-vv-00447-UNJ Document 59 Filed 08/18/17 Page 7 of 7