VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00956
Package ID: USCOURTS-cofc-1_15-vv-00956
Petitioner: Gene Michaelson
Filed: 2015-09-01
Decided: 2016-11-07
Vaccine: influenza
Vaccination date: 2014-10-09
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 210000

AI-assisted case summary:
On September 1, 2015, Gene Michaelson filed a petition under the National Vaccine Injury Compensation Program alleging that he developed transverse myelitis (TM) as a result of receiving an influenza vaccine on October 9, 2014. He further alleged that he experienced residual effects from the injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused petitioner's TM or any other condition. Despite this denial, the parties filed a joint stipulation on August 3, 2016, agreeing to an award of compensation. Special Master Thomas L. Gowen found the stipulation reasonable and adopted it as the decision of the Court. The stipulation provided for a lump sum payment of $210,000.00, payable to Gene Michaelson, as compensation for all damages. Judgment was entered in accordance with the terms of the stipulation. Petitioner was represented by Alison H. Haskins of Maglio Christopher & Toale, PA, and respondent was represented by Debra A. Filteau Begley of the United States Department of Justice.

Theory of causation field:
Petitioner Gene Michaelson alleged that he developed transverse myelitis (TM) following an influenza vaccination on October 9, 2014, and experienced residual effects for more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, agreeing to an award of $210,000.00 for all damages. Special Master Thomas L. Gowen adopted the stipulation as the decision of the Court. The public decision does not describe the specific theory of causation, medical experts, onset of symptoms, diagnostic tests, or treatments.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00956-0
Date issued/filed: 2016-11-07
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/04/2016) regarding 29 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:15-vv-00956-UNJ Document 35 Filed 11/07/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-956V
Filed: August 4, 2016
* * * * * * * * * * * * * * * * UNPUBLISHED
GENE MICHAELSON, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Transverse Myelitis.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Debra A. Filteau Begley, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On September 1, 2015, Gene Michaelson (“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 as a result of receiving an influenza (“flu”) vaccination on October 9, 2014, he
developed transverse myelitis (“TM”). Stipulation ¶ 2, 4, filed Aug. 3, 2016. Further, petitioner
alleged that he experienced residual effects of this injury for more than six months. Id. at ¶ 4.
On August 3, 2016, the parties filed a stipulation in which they state that a decision should
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-00956-UNJ Document 35 Filed 11/07/16 Page 2 of 7
be entered awarding compensation. Respondent denies that the flu vaccination caused petitioner’s
alleged TM, or any other condition. Id. at ¶ 6. Nevertheless, 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 compensation:
A lump sum of $210,000.00, in the form of a check payable to petitioner, Gene
Michaelson. This amount represents compensation for all 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, an award should be made consistent with the stipulation.
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

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