VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00800 Package ID: USCOURTS-cofc-1_15-vv-00800 Petitioner: Christina Brethauer Filed: 2016-05-18 Decided: 2016-05-18 Vaccine: influenza Vaccination date: 2013-10-09 Condition: spinal cord myelitis Outcome: compensated Award amount USD: 70000 AI-assisted case summary: Christina Brethauer filed a petition alleging that she developed spinal cord myelitis caused by her October 9, 2013 receipt of an influenza vaccine. She further alleged that she suffered residual effects from her injuries for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her condition. Despite the denial, the parties agreed to resolve the case through a stipulation. The Special Master reviewed the stipulation and found its terms to be reasonable. Pursuant to the stipulation, the court awarded Christina Brethauer compensation in the amount of $70,000.00, representing reimbursement for all damages available under the program. The award was to be paid as a lump sum check made payable to Ms. Brethauer. The decision was issued on May 18, 2016. Petitioner's counsel was Diana L. Stadelnikas Sedar, and respondent's counsel was Lisa A. Watts. Special Master Laura D. Millman issued the decision. Theory of causation field: Petitioner alleged that she developed spinal cord myelitis caused by her October 9, 2013 receipt of an influenza vaccine and suffered residual effects for more than six months. Respondent denied that the flu vaccine caused petitioner's spinal cord myelitis or any other injury. The parties agreed to resolve the matter through a stipulation. The Special Master found the stipulation reasonable and awarded $70,000.00 in a lump sum. The public decision does not describe the specific medical mechanism, expert testimony, or detailed clinical facts supporting the petitioner's claim or the respondent's denial. The decision was issued by Special Master Laura D. Millman on May 18, 2016, with petitioner represented by Diana L. Stadelnikas Sedar and respondent by Lisa A. Watts. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00800-0 Date issued/filed: 2016-06-08 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/18/2016) regarding 23 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00800-UNJ Document 27 Filed 06/08/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-800V Filed: May 18, 2016 Not for Publication ************************************* CHRISTINA BRETHAUER, * * Petitioner, * * Damages decision based on v. * stipulation; influenza (“flu”) * vaccine; spinal cord myelitis SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Diana L. Stadelnikas Sedar, Sarasota, Florida, for petitioner. Lisa A. Watts, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On May 18, 2016, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she developed spinal cord myelitis caused by her October 9, 2013 receipt of influenza (“flu”) vaccine. She further alleges that she suffered the residual effects of her injuries for more than six months. Respondent denies that the flu vaccine caused petitioner’s spinal cord myelitis 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’ website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 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 redact 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 redact such material from public access. Case 1:15-vv-00800-UNJ Document 27 Filed 06/08/16 Page 2 of 7 The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ stipulation, attached, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of $70,000.00, 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 $70,000.00. 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: May 18, 2016 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-00800-UNJ Document 27 Filed 06/08/16 Page 3 of 7 Case 1:15-vv-00800-UNJ Document 27 Filed 06/08/16 Page 4 of 7 Case 1:15-vv-00800-UNJ Document 27 Filed 06/08/16 Page 5 of 7 Case 1:15-vv-00800-UNJ Document 27 Filed 06/08/16 Page 6 of 7 Case 1:15-vv-00800-UNJ Document 27 Filed 06/08/16 Page 7 of 7