VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00530 Package ID: USCOURTS-cofc-1_16-vv-00530 Petitioner: Jennifer Young Filed: 2017-09-07 Decided: 2017-11-14 Vaccine: influenza Vaccination date: 2013-10-22 Condition: transverse myelitis Outcome: compensated Award amount USD: 75000 AI-assisted case summary: Jennifer Young filed a petition on September 7, 2017, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered from transverse myelitis as a result of an influenza vaccine administered on October 22, 2013, and that she experienced residual effects from this condition for more than six months. The respondent denied that the flu vaccine caused her transverse myelitis or any other injury. However, both parties agreed to settle the case through a stipulation filed on September 7, 2017. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision awarding damages. The settlement awarded Jennifer Young a lump sum of $75,000.00 as compensation for all available damages. Petitioner counsel was Isaiah Richard Kalinowski of Maglio Christopher and Toale. Respondent counsel was Robert Paul Coleman of the U.S. Dep’t of Justice. The decision was not designated for publication but was posted on the Court of Federal Claims’s website. Theory of causation field: Jennifer Young filed a petition on September 7, 2017, alleging transverse myelitis following an October 22, 2013, influenza vaccine. The respondent denied causation. The parties reached a settlement via stipulation filed September 7, 2017. Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $75,000.00 in a lump sum for all damages. The specific medical mechanism, onset, symptoms, tests, treatments, or expert testimony were not described in the public decision. Petitioner was represented by Isaiah Richard Kalinowski, and Respondent by Robert Paul Coleman. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00530-0 Date issued/filed: 2017-11-14 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 9/07/2017) Regarding 24 DECISION Stipulation (Signed by Special Master Brian H. Corcoran). (cr) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00530-UNJ Document 28 Filed 11/14/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-530V (not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * JENNIFER YOUNG, * * Special Master Corcoran * Petitioner, * Filed: September 7, 2017 * v. * * Decision by Stipulation; Damages; SECRETARY OF HEALTH * Transverse Myelitis (“TM”); AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine. * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * Isaiah Richard Kalinowski, Maglio Christopher and Toale, Washington, DC, for Petitioner. Robert Paul Coleman, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On April 29, 2016, Jennifer Young filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that she suffered from transverse myelitis as a result of her October 22, 2013, influenza (“flu”) vaccine. Petitioner further alleges that she has experienced the residual effects of this condition for more than six months. 1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’s website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the ruling will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa- 12(d)(4)(B), 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 in its present form will be available. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Case 1:16-vv-00530-UNJ Document 28 Filed 11/14/17 Page 2 of 7 Respondent denies that the flu vaccine caused Petitioner’s transverse myelitis or any other injury. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on September 7, 2017) that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards:  A lump sum of $75,000.00 in the form of a check payable to Petitioner. Stipulation ¶ 8. This amount represents compensation for all damages that would be available under Section 15(a) of the Act. I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the Court is directed to enter judgment herewith.3 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. 2 Case 1:16-vv-00530-UNJ Document 28 Filed 11/14/17 Page 3 of 7 Case 1:16-vv-00530-UNJ Document 28 Filed 11/14/17 Page 4 of 7 Case 1:16-vv-00530-UNJ Document 28 Filed 11/14/17 Page 5 of 7 Case 1:16-vv-00530-UNJ Document 28 Filed 11/14/17 Page 6 of 7 Case 1:16-vv-00530-UNJ Document 28 Filed 11/14/17 Page 7 of 7