VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01178
Package ID: USCOURTS-cofc-1_15-vv-01178
Petitioner: Joni Marco
Filed: 2015-10-13
Decided: 2021-05-10
Vaccine: influenza
Vaccination date: 2013-10-11
Condition: transverse myelitis and related complications, including a perforated diverticulum, hernia, small bowel obstruction, neurogenic bladder, and aggravation of diverticulitis
Outcome: compensated
Award amount USD: 20000

AI-assisted case summary:
Joni Marco filed a petition for compensation under the National Vaccine Injury Compensation Program on October 13, 2015. Ms. Marco alleged that she received an influenza vaccine on October 11, 2013, and subsequently suffered from transverse myelitis and related complications, including a perforated diverticulum, hernia, small bowel obstruction, neurogenic bladder, and aggravation of diverticulitis. The respondent, the Secretary of Health and Human Services, denied that the immunization caused Ms. Marco's alleged injuries. However, the parties reached a settlement agreement. On April 13, 2021, they filed a joint stipulation to resolve the case. Under the terms of the stipulation, the respondent agreed to pay Ms. Marco a lump sum of $20,000.00, payable to Joni Marco, as compensation for all damages available under the program. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded compensation in the agreed-upon amount. The decision directed the clerk of the court to enter judgment in accordance with the stipulation. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism by which the vaccine allegedly caused the injuries. Petitioner counsel was Maxamillian J. Muller, Esq., and respondent counsel was Catherine E. Stolar, Esq.

Theory of causation field:
Petitioner Joni Marco alleged that an influenza vaccine administered on October 11, 2013, caused transverse myelitis and related complications, including a perforated diverticulum, hernia, small bowel obstruction, neurogenic bladder, and aggravation of diverticulitis. The respondent denied causation. The parties reached a settlement, and Special Master Mindy Michaels Roth adopted their joint stipulation on April 13, 2021. The settlement awarded Joni Marco $20,000.00. The public decision does not detail the specific theory of causation, medical experts, or evidence presented regarding the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01178-1
Date issued/filed: 2021-05-10
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 4/13/2021) regarding 81 DECISION Stipulation. Signed by Special Master Mindy Michaels Roth. (ec) Service on parties made.
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Case 1:15-vv-01178-UNJ Document 85 Filed 05/10/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1178V
Filed: April 13, 2021
* * * * * * * * * * * * *
JONI MARCO, * UNPUBLISHED
*
Petitioner, * Decision on Joint Stipulation;
* Transverse Myelitis (“TM”);
v. * Diverticulitis; Hernia;
* Bowel Obstruction;
SECRETARY OF HEALTH * Neurogenic Bladder;
AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine.
*
Respondent. *
* * * * * * * * * * * * *
Maxamillian J. Muller Esq., Muller Brazil, LLP, Dresher, PA, for petitioner.
Catherine E. Stolar, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On October 13, 2015, Joni Marco [“Ms. Marco” or “petitioner”] filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
she suffered from transverse myelitis and related complications, including a perforated
diverticulum, hernia, small bowel obstruction, neurogenic bladder, and aggravation of
diverticulitis, as a result of receiving an influenza (“flu”) vaccine on October 11, 2013. Stipulation,
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347,
116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision will
be available to anyone with access to the internet. 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 whole Decision will be available to the public. Id.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).
1

Case 1:15-vv-01178-UNJ Document 85 Filed 05/10/21 Page 2 of 7
filed April 13, 2021, at ¶¶ 1-4. Respondent denies that the immunization caused petitioner’s
injuries. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On April 13, 2021, the parties filed
a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
A lump sum of $20,000.00 in the form of a check payable to petitioner, Joni Marco.
This amount represents compensation for all damages that would be available under §
300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount and
on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance
with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

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