VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00855
Package ID: USCOURTS-cofc-1_15-vv-00855
Petitioner: Marixsa Ruth
Filed: 2015-08-10
Decided: 2017-05-30
Vaccine: influenza
Vaccination date: 2012-10-12
Condition: acute disseminated encephalomyelitis
Outcome: compensated
Award amount USD: 180000

AI-assisted case summary:
Marixsa Ruth filed a petition for vaccine compensation on August 10, 2015, alleging that the influenza vaccine she received on or about October 12, 2012, caused her to develop acute disseminated encephalomyelitis (ADEM) with residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied that the vaccine caused the alleged injury. Nevertheless, the parties reached a stipulation, which was filed on May 1, 2017. The court found the stipulation reasonable and adopted it as the decision of the Court. As part of the stipulation, Marixsa Ruth was awarded a lump sum payment of $180,000.00 for all damages. The parties also agreed to further proceedings to award reasonable attorneys' fees and costs. The stipulation represents a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00855-0
Date issued/filed: 2017-05-30
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/02/2017) regarding 46 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (SP) Copy to parties.
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Case 1:15-vv-00855-UNJ Document 50 Filed 05/30/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
MARIXSA RUTH, *
* No. 15-855V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: May 2, 2017
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * acute disseminated encephalomyelitis
* (“ADEM”).
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Isaiah R. Kalinowski, Maglio Christopher and Toale, PA, Washington, DC, for
Petitioner;
Camille M. Collett, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On May 1, 2017, respondent filed a joint stipulation concerning the petition
for compensation filed by Marixsa Ruth on August 10, 2015. In her petition,
petitioner alleged that the influenza vaccine, which is contained in the Vaccine
Injury Table, 42 C.F.R. §100.3(a), and which she received on or about October 12,
2012, caused her to develop acute disseminated encephalomyelitis (“ADEM”).
Petitioner further alleges that she suffered the residual effects of this injury for
more than six months. Petitioner represents that there has been no prior award or
settlement of a civil action for damages on her behalf as a result of her condition.
Respondent denies that the influenza immunization is the cause of
petitioner’s alleged ADEM or any other injury or condition.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.

Case 1:15-vv-00855-UNJ Document 50 Filed 05/30/17 Page 2 of 7
Nevertheless, the parties agree to the joint stipulation, attached hereto. The
undersigned finds said stipulation reasonable and adopts it as the decision of the
Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum payment of $180,000.00 in the form of a check payable to
petitioner, Marixsa Ruth. This amount represents compensation for all
damages that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 15-855V according to this decision
and the attached stipulation.2
IT IS SO ORDERED.
S/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

Case 1:15-vv-00855-UNJ Document 50 Filed 05/30/17 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MARIXSA RUTH.
Petitioner.
o. 15-855V
v. Special Master Christian Moran
ECF
ECRETARY OF HEAL TH A D
HUMAN SERVICES.
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Petitioner filed a petition for vaccine compensation under the ational Vaccine Injury
Compensation Program. 42 U.S.C. § 300aa-I 0 to 34 (the ··vaccine Program .. ). The petition
seeks compensation for injuries allegedly related to petitioner"s receipt of the influenza vaccine.
which vaccine is contained in the Vaccine Injury Table (the .. Table··). 42 C.F.R. ~ I 00.3(a).
2. Petitioner received the influenza vaccination on or about October 12. 2012.
3. The vaccine was administered within the United States.
4. Petitioner alleges that the influenza vaccine caused her to develop acute disseminated
encephalomyelitis ( .. ADEM .. ) and that she experienced the residual effects of this condition for
more than six months.
5. Petitioner represents that there has been no prior award or settlement ora civil action
for damages as a result of her condition.

Case 1:15-vv-00855-UNJ Document 50 Filed 05/30/17 Page 4 of 7
6. Respondent denies that the inOuenza immunization is the cause of petitioner·s alleged
ADEM or any other injury or condition.
7. Maintaining their above-stated positions. the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 or this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms ol'this Stipulation. and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. ~ 300aa-2 I (a)( I). the Secretary or 1l ealth and I luman Services will issue
the following vaccine compensation payment:
A lump sum or $180.000.00 in the form or a check payable to petitioner. Th is
amount represents compensation for all damages that would be available under 42
U.S.C. ~300aa-I 5(a).
9. As soon as practicable after the entry orj udgment on entitlement in thi case. and alter
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. ~ 300aa-2 I (a)( I), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys· fees and costs incurred in proceeding upon this
petition.
I 0. Petitioner and her attorney represent that they have identified to respondent all
known sources ol'payment for items or services for which the Program is not primarily liable
*
under 42 U.S.C. 300aa-I 5(g). including State compensation programs. insurance policies.
Federal or tate health benelits programs (other than Title XIX of the Social Security Act (42
U.S.C. ~ 1396 et seq.)). or entities that provide health services on a pre-paid basis.
2

Case 1:15-vv-00855-UNJ Document 50 Filed 05/30/17 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation. and any amount awarded
pursuant to paragraph 9. will be made in accordance with 42 U ..C . § 300aa-l 5(i). subject to the
avai lab i I ity of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that. except for any award
for attorneys· fees and litigation costs. and past unreimbursable expen es. the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-l 5(a) and (d). and subject to the conditions of 42 U.S.C.
§ 300aa-l 5(g) and (h).
13. In return for the payment described in paragraph 8. and any amount awarded
pursuant to paragraph 9. petitioner. in her individual capacity. and on behalf of her heirs.
executors. administrators. successors and/or as igns. does forever irrevocably and
unconditionally release. acquit and discharge the United States and the Secretary of Health and
Human Services from any and all actions or causes of action (including agreements. judgments.
claims. damages. loss of services. expenses and all demands of whatever kind or nature) that
have been brought. could have been brought. or could be timely brought in the Court of Federal
Claims. under the ational Vaccine Injury Compensation Program. 42 U.S.C. ~ 300aa-I 0 et seq ..
on account of. or in any way growing out of. any and all known or unknown. suspected or
unsuspected personal injuries to or death of petitioner resulting from. or alleged to have resulted
from. the inn uenza vaccine administered on or about October 12. 2012. as al lcged by pet it ione r
in a petition for vaccine compensation filed on or about August I 0. 2015. in the United tate
Court of Federal Claims as petition o. I 5-855V.
14. If petitioner should die prior to entry of judgment. this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties .
..
.)

Case 1:15-vv-00855-UNJ Document 50 Filed 05/30/17 Page 6 of 7
15. lfthe special master !'ails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation. then the parties·
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986. as amended. except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
St ipu lat ion may reflect a compromise of the parties· respective positions as to I iabi I ity and/or
amount of damages and further, that a change in the nature of the injury or condition or in the
items or compensation sought. is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of I lealth and Human Services that the influenza vaccine caused petitioner"s alleged
ADEM or any other injury or condition.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner"s
heirs. executors. administrators. successors. and/or assigns.
Dor
E STIPULATIO
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I
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I
I
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Case 1:15-vv-00855-UNJ Document 50 Filed 05/30/17 Page 7 of 7
Rcspcc1rully submitted.
PETITIONER:
M.'\RIXSA RUTH
ATTORNEY OF Rf.CORD FOR AllTI IORIZED Rf.PRSENTATIVE
PF,TJTIONER: OF TllE A TTOlt\IEY Gf.i\ERAL:
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M:.lglio Christopher & Toal<.: c1 . )i rct:lor
1775 Pennsylvania /\venue >J\V. Suite 225 Torts Branch
Washington. DC U.S. Dcpartrncnt ol' .lust ice
P.O. Box 14()
13cnjarnin Franklin Station
Washington. DC 200-1-1-01-16
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AUTHORIZED H.EPRESENTATIVE :\ TTOR:\EY OF RECORD FOR
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Programs (DICP) Torts I ~rnnch
Healthcare Systems Bureau Civil Division
U.S. Department or Health and lluman Services U.S. Department or .lust ice
5600 Fishers I .ane P.O. Bo:\ 14(>
Pmklawn L3uilding. Mnil Stop I 1C -26 lknj:1111in 1:ra11klin Station
Rockville. tv!D 20857 Washington. DC 200-14-01-16
Tel: (202) 61(>-4098
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