VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00846 Package ID: USCOURTS-cofc-1_15-vv-00846 Petitioner: Anne Becknell Filed: 2015-08-07 Decided: 2020-03-09 Vaccine: influenza Vaccination date: 2013-10-19 Condition: Transverse Myelitis Outcome: compensated Award amount USD: 245000 AI-assisted case summary: Petitioner Anne Becknell filed a petition on August 7, 2015, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she developed Transverse Myelitis (TM) as a result of receiving an influenza vaccine on October 19, 2013. The respondent denied that the flu vaccine caused her TM or any other injury, and denied that her current disabilities were a sequela of a vaccine-related injury. Despite maintaining these positions, both parties agreed to settle the case and entered into a stipulation for an award of compensation. Special Master Katherine E. Oler reviewed the file and adopted the stipulation as the decision. The stipulation awarded Anne Becknell a lump sum of $245,000.00, payable by check to Petitioner, as compensation for all damages available under the program. Judgment was to be entered accordingly. Theory of causation field: Petitioner Anne Becknell alleged that she developed Transverse Myelitis (TM) as a result of receiving an influenza vaccine on October 19, 2013. Respondent denied causation. The parties entered into a stipulation for settlement, agreeing to an award of $245,000.00. Special Master Katherine E. Oler adopted the stipulation as the decision. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or mechanism of injury. The award was made pursuant to a stipulation for settlement. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00846-0 Date issued/filed: 2020-03-09 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 2/7/2020) regarding 77 DECISION Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made. -------------------------------------------------------------------------------- Case 1:15-vv-00846-UNJ Document 82 Filed 03/09/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-846V (not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ANNE BECKNELL, * * Petitioner, * Filed: February 7, 2020 * v. * Decision by Stipulation; Damages; * Influenza (“Flu”) Vaccine; * Transverse Myelitis (“TM”). SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Danielle Strait, Maglio Christopher & Toale, Seattle, WA, for Petitioner. Glenn MacLeod, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On August 7, 2015, Petitioner Anne Becknell filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF No. 1. Petitioner alleges that she developed Transverse Myelitis (“TM”) as a result of receiving an influenza (“flu”) vaccination on October 19, 2013. See Stipulation ¶ 2, 4, dated February 7, 2020 (ECF No. 65); see also Petition. Respondent denies “that the flu vaccine caused petitioner to suffer TM, or any other injury; 1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the ruling will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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 Decision in its present form will be available. 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.A. ' 300aa- 10-' 300aa-34 (West 1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa. Case 1:15-vv-00846-UNJ Document 82 Filed 03/09/20 Page 2 of 7 and further denies that her current disabilities are a sequela of a vaccine-related injury.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation filed February 7, 2020 that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: a lump sum of $245,000.00 in the form of a check payable to [P]etitioner. Stipulation ¶ 8. This award represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. 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.3 IT IS SO ORDERED. s/ Katherine E. Oler Katherine E. Oler Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review. 2 Case 1:15-vv-00846-UNJ Document 82 Filed 03/09/20 Page 3 of 7 Case 1:15-vv-00846-UNJ Document 82 Filed 03/09/20 Page 4 of 7 Case 1:15-vv-00846-UNJ Document 82 Filed 03/09/20 Page 5 of 7 Case 1:15-vv-00846-UNJ Document 82 Filed 03/09/20 Page 6 of 7 Case 1:15-vv-00846-UNJ Document 82 Filed 03/09/20 Page 7 of 7