VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00580
Package ID: USCOURTS-cofc-1_16-vv-00580
Petitioner: Dolores Smoot
Filed: 2016-05-16
Decided: 2022-10-17
Vaccine: influenza
Vaccination date: 2013-11-01
Condition: neuromyelitis optica
Outcome: compensated
Award amount USD: 239620

AI-assisted case summary:
Dolores Smoot filed a petition for compensation under the National Vaccine Injury Compensation Program on May 16, 2016. Ms. Smoot alleged that she suffered from neuromyelitis optica (NMO) after receiving an influenza vaccine on November 1, 2013. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her injury. The parties subsequently reached a settlement agreement, which was filed on September 22, 2022. As part of the stipulation, the respondent agreed to issue payments totaling $239,620.96. This amount includes a lump sum of $200,620.96, comprising $50,620.96 for first-year life care expenses and $150,000.00 for combined lost earnings and pain and suffering, payable to Dolores Smoot. Additionally, a lump sum of $39,657.60 was allocated to reimburse a Medicaid lien for services rendered to Ms. Smoot by the State of Ohio, payable jointly to Ms. Smoot and the Treasurer of the State of Ohio. The settlement also included an amount sufficient to purchase an annuity contract, paid to the life insurance company from which the annuity would be purchased. Special Master Mindy Michaels Roth adopted the parties' stipulation and directed that judgment be entered in accordance with the decision. The decision was filed on October 17, 2022. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner was represented by John Howie, Jr., Esq., and respondent was represented by Althea Davis, Esq.

Theory of causation field:
Petitioner Dolores Smoot alleged that she suffered from neuromyelitis optica (NMO) after receiving an influenza vaccine on November 1, 2013. Respondent denied causation. The parties reached a stipulation for settlement, agreeing to compensation totaling $239,620.96, which included first-year life care expenses, lost earnings, pain and suffering, and reimbursement of a Medicaid lien, along with an amount for an annuity. Special Master Mindy Michaels Roth adopted the stipulation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00580-1
Date issued/filed: 2022-10-17
Pages: 10
Docket text: PUBLIC DECISION (Originally filed: 9/22/2022) regarding 108 DECISION Stipulation. Signed by Special Master Mindy Michaels Roth. (msg) Service on parties made.
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Case 1:16-vv-00580-UNJ Document 116 Filed 10/17/22 Page 1 of 10
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-580V
Filed: September 22, 2022
* * * * * * * * * * * * *
DOLORES SMOOT, * UNPUBLISHED
*
Petitioner, * Decision on Joint Stipulation;
* Neuromyelitis Optica (“NMO”);
v. * Influenza (“flu”) Vaccine.
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
John Howie, Jr., Esq., Howie Law, PC, Dallas, TX, for petitioner.
Althea Davis, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On May 16, 2016, Dolores Smoot [“Ms. Smoot” or “petitioner”] filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
she suffered from neuromyelitis optica (“NMO”) after receiving the influenza (“flu”) vaccine on
November 1, 2013. Stipulation, filed September 22, 2022, at ¶¶ 1-4. Respondent denies that the
flu vaccine caused petitioner’s injury. Stipulation at ¶ 6.
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s 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 1:16-vv-00580-UNJ Document 116 Filed 10/17/22 Page 2 of 10
Nevertheless, the parties have agreed to settle the case. On September 22, 2022, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
1) A lump sum of $200,620.96, which represents compensation for first year life
care expenses ($50,620.96) and combined lost earnings and pain and suffering
($150,000.00), in the form of a check payable to petitioner, Dolores Smoot.
2) A lump sum of $39,657.60, which represents reimbursement of a Medicaid lien
for services rendered to petitioner by the State of Ohio, in the form of a check
payable jointly to petitioner and the Treasurer of the State of Ohio.
3) An amount sufficient to purchase the annuity contract described in
paragraph 10 below, paid to the life insurance company from which the
annuity will be purchased.
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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