VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01329
Package ID: USCOURTS-cofc-1_15-vv-01329
Petitioner: Julie Rich
Filed: 2015-11-05
Decided: 2017-03-10
Vaccine: influenza
Vaccination date: 2013-10-30
Condition: optic neuritis and/or vision loss in her right eye
Outcome: compensated
Award amount USD: 175148

AI-assisted case summary:
Julie Rich filed a petition for vaccine compensation on November 5, 2015, alleging that the influenza vaccine she received on October 30, 2013, caused her to develop optic neuritis and/or vision loss in her right eye. The petition stated that the residual effects of these injuries lasted for more than six months. Respondent denied that the influenza vaccine caused petitioner's condition. The parties reached a joint stipulation to settle the case, which Special Master Christian J. Moran adopted as the decision of the Court. Under the stipulation, Julie Rich was awarded a lump sum payment of $175,000.00 for all damages, payable to her. Additionally, a lump sum payment of $148.91 was awarded to reimburse a State of Illinois Medicaid lien, payable jointly to Julie Rich and the Illinois Department of Healthcare and Family Services. The stipulation also provided for a subsequent proceeding to award reasonable attorneys' fees and costs. In exchange for these payments, Julie Rich released the United States and the Secretary of Health and Human Services from all claims related to the flu vaccination. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. The stipulation explicitly states that it is not an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged optic neuritis and/or vision loss.

Theory of causation field:
Petitioner Julie Rich received an influenza vaccine on October 30, 2013, and alleged it caused optic neuritis and/or vision loss in her right eye, with residual effects lasting over six months. The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties entered into a stipulation for settlement, which Special Master Christian J. Moran adopted. The stipulation awarded Julie Rich $175,000.00 for all damages and $148.91 for a State of Illinois Medicaid lien reimbursement. Attorneys' fees and costs were to be awarded in a subsequent proceeding. The stipulation explicitly stated it was not an admission of causation by the respondent. The public text does not detail the specific mechanism of injury, expert testimony, or clinical findings.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01329-0
Date issued/filed: 2017-03-10
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 02/13/2017) regarding 36 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (SP) Copy to parties.
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Case 1:15-vv-01329-UNJ Document 37 Filed 03/10/17 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JULIE RICH, *
* No. 15-1329v
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: February 13, 2017
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * optic neuritis; vision loss.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Dianna L. Stadelnikas, Magnolia, Christopher, and Toale, PA, Sarasota, FL, for
Petitioner;
Amy P. Kokot, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On February 10, 2017, the parties filed a joint stipulation concerning the
petition for compensation filed by Julie Rich on November 5, 2015. In her
petition, petitioner alleged that the influenza vaccine, which is contained in the
Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received
on November 6, 2010, caused her to develop optic neuritis and/or vision loss in her
right eye. 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 vaccine caused petitioner to suffer
optic neuritis, vision loss in her right eye, or any other injury.
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-01329-UNJ Document 37 Filed 03/10/17 Page 2 of 8
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. A lump sum payment of $175,000.00 in the form of a check
payable to petitioner, Julie Rich. This amount represents
compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a); and
b. A lump sum payment of $148.91, which amount represents
reimbursement of a State of Illinois Medicaid lien , in the form of
a check payable jointly to petitioner and:
Illinois Department of Healthcare and Family Services
Bureau of Collections
Technical Recovery Section
P.O. Box 19174
Springfield, IL 62794-9174
ATTN: Mr. Kevin Thornton
Kevin.Thornton@illinois.gov
Petitioner agrees to endorse this payment to the Illinois Department of
Healthcare and Family Services.
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 15-1329V 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-01329-UNJ Document 37 Filed 03/10/17 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JULIE RICH, )
)
. Petitioner, )
) No. l 5-I 329V (ECF)
v. ) Special Master Moran
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
~~~~~~~~~~~~~~~)
STIPULATION
The parties hereby stipulate to the following motters:
I. Julie Rich, petitioner, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine Program'').
The petition seeks compensation for injuries allegedly related to petitioner's receipt of the
influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the ''Table"),
42 C.F.R. § 100.3(a).
2. Petitione1· received a flu vaccination on or about October 30, 2013.
3. The vaccine was administered within the United States.
4. Petitioner alleges that the flu vaccine caused her to develop optic neuritis and/or vision
loss in her right eye. Petitioner further alleges that she experienced the residual effects of these
i1tjuries for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her condition.

Case 1:15-vv-01329-UNJ Document 37 Filed 03/10/17 Page 4 of 8
6. Respondent denies thnt the flu vaccine administered on or about October 30, 2013, is
the cause of petitioner's alleged optic neuritis and/or vision loss in her right eye and/or any other
I
injury or her current condition.
7. Maintaining their above-stated positions, the pa1ties 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 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2 l(a)(1) , the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
a. A lump sum of $175,000.00 in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-l S(a); and
b. A lump sum of $148.9 l, which amount represents reimbursement of a State of
Illinois Medicaid lien, in the form of a check payable jointly to petitioner and:
Illinois Department of 1-lealthcare and Family Services
Bureau of Collections
Technical Recovery Section
P.O. Box 19174
Springfield, IL 62794-9174
Atln: Mr. Kevin Thornton
Kevin.Thornton@illinois.gov
Petitioner agrees to endorse this check to the 11 linois Department of Healthcare and
Family Services.
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after
petitioner has fried 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
2

Case 1:15-vv-01329-UNJ Document 37 Filed 03/10/17 Page 5 of 8
the special master to awurd reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
10. Petitioner and her attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily I iable
under 42 U.S.C. § 300aa-I 5(g), including State compensation programs, insurance policies,
Federal or State health benefits 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.
11. Payment made pursuant to paragraph 8 of this Stipulation, and any amount awarded
pursuant to paragraph 9 of this Stipulation, will be made in accordance with 42 U.S.C. § 300aa
l 5(i), subject to the availability of sufficient statutory funds.
12. The parties and their atlori1eys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursable expenses, 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-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-I 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalf of her heirs, executors, administrators, successors and/or
assigns, does forever irrevocably and unconditionally release, acquit and discharge the United
States and the Secretary of Health and Human Services from any ancl all actions or causes of
action (including agreements, judgments, claims, damages, loss of services, expenses and all
demands of whatever kind or nature) tlrnt have been brought, could have been brought, or could
be timely brought in the Court of Federal Claims, under the National Vaccine Injury
Compei1sation Program, 42 U.S.C. § 300aa-I 0 ct seq., on account of, or in any way growing out
3

Case 1:15-vv-01329-UNJ Document 37 Filed 03/10/17 Page 6 of 8
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 flu vaccination administered on or
about October 30, 2013, as alleged by petitioner in a petition for vaccine compensation filed on
or about November 5, 2015, in the United States Court of Federal Claims as petition No. 15,
1329V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Courl on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of th is Stipulation or if the Court of Federal Claims foils 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 pa1ty.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, except as otherwise
noted in paragraph 9 above. There is absolutely nc:i agreement on the part of the parties hereto to
make any payment or to 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 Stipulation
may reflect a compromise of the parties' respective positions as to liability and/ol' amount of
damages, and further, that a change in the nature of the injury or condition or in the items of
compensation sol1ght, 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 Health and Human Services that the flu vaccine caused petitioner's alleged optic
neuritis and/or vision loss in her right eye and/or any other injury or her current condition .
.. 4 ..

Case 1:15-vv-01329-UNJ Document 37 Filed 03/10/17 Page 7 of 8
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATJON
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Case 1:15-vv-01329-UNJ Document 37 Filed 03/10/17 Page 8 of 8
Respectfully submitted,
PETITIONER:
~/ ~
J~
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATlVE
PETITIONER: OF THE ATIORNEY GENERAL:
RINE E. REEVES
Maglio Chnstopher and Toale, P.A. Deputy Director
1605 Main Street, Suite 710 Torts Branch
Sarasota, FL 34236 Civil Division
Tel: (888) 952-5242 U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington; DC 20044-0146
ATTORNEY OF RECORD FOR
RESPONDENT:
~- ~w~
t'./tf'f-·
_.__._...._,.--.._,_.~A1--R,-M-.-D-. ~-'--'--~~~ AMY:KO~K~O-T~~~~~-
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch
Healthcare Systems Bureau Civil Division
U.S. Department of Health U.S. Department of Justice
and Human Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
Parklawn Building, Mail Stop 08NJ46B Washington, DC 20044-0146
Rockville, MD 20857 Tel: (202) 616-4118
Dated: .f)./10/d-,011
. ()