VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00287
Package ID: USCOURTS-cofc-1_16-vv-00287
Petitioner: Nina Kleinberg
Filed: 2016-03-01
Decided: 2016-11-10
Vaccine: influenza
Vaccination date: 2014-10-16
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 230000

AI-assisted case summary:
Nina Kleinberg filed a petition for compensation under the National Vaccine Injury Compensation Program on March 1, 2016, alleging she developed transverse myelitis (TM) as a result of receiving an influenza vaccination on or about October 16, 2014. The respondent denied that the immunization caused her injury. The parties, represented by counsel Howard Gold for the petitioner and Lara Englund for the respondent, reached a settlement agreement. Special Master Mindy Michaels Roth adopted the parties' stipulation. The settlement included a lump sum payment of $230,000.00, payable to Nina Kleinberg, as compensation for all damages. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert testimony. The decision was filed on November 10, 2016.

Theory of causation field:
Petitioner Nina Kleinberg alleged that she developed transverse myelitis (TM) as a result of receiving an influenza vaccine on or about October 16, 2014. The respondent denied causation. The parties reached a stipulation for settlement, and Special Master Mindy Michaels Roth adopted the stipulation. The case was resolved via a lump sum payment of $230,000.00 to the petitioner. The public decision does not specify the theory of causation, any medical experts, or the mechanism of injury. The decision date was November 10, 2016, and the petition was filed on March 1, 2016. Attorneys involved were Howard Gold for the petitioner and Lara Englund for the respondent.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00287-0
Date issued/filed: 2016-12-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/10/2016) regarding 18 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Copy to parties.
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Case 1:16-vv-00287-UNJ Document 26 Filed 12/06/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
(Filed: November 10, 2016)
No. 16-287V
* * * * * * * * * * * * *
NINA KLEINBERG * UNPUBLISHED
*
Petitioner, *
* Decision on Joint Stipulation;
v. * Transverse Myelitis (“TM”);
* Influenza (“Flu”) Vaccine.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * *
Howard Gold, Gold Law Firm LLC, Wellesley Hills, MA, for petitioner.
Lara Englund, US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On March 1, 2016, Nina Kleinberg [“petitioner”] filed a petition for compensation under
the National Vaccine Injury Compensation Program.2 Petitioner alleged that she developed
transverse myelitis (“TM”) as a result of receiving an influenza vaccination on or about October
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I
intend to post this decision on the United States Court of Federal Claims' website, in accordance
with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified
as amended at 44 U.S.C. § 3501 note (2012)). In accordance with Vaccine Rule 18(b), a party
has 14 days to identify and move to delete medical or other information, that satisfies the criteria
in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for
redaction must include a proposed redacted decision. If, upon review, I agree that the identified
material fits within the requirements of that provision, I will delete such material from public
access.
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 1:16-vv-00287-UNJ Document 26 Filed 12/06/16 Page 2 of 7
16, 2014. See Stipulation, filed November 10, 2016, at ¶¶ 1-4. Respondent denies that the
influenza immunization caused petitioner’s injury. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On November 10, 2016, 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 $230,000.00 in the form of a check payable to petitioner, Nina
Kleinberg. 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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