VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00681 Package ID: USCOURTS-cofc-1_16-vv-00681 Petitioner: Candy F. Hall Filed: 2016-06-09 Decided: 2018-01-17 Vaccine: trivalent influenza Vaccination date: 2014-09-29 Condition: transverse myelitis Outcome: compensated Award amount USD: 398598 AI-assisted case summary: On June 9, 2016, Candy F. Hall filed a petition for compensation under the National Vaccine Injury Compensation Program. Petitioner received a trivalent influenza vaccine on or about September 29, 2014. She alleged that this vaccine caused her to develop transverse myelitis and related sequelae, with residual effects lasting more than six months. The respondent denied that the vaccine caused the alleged injury. The parties, maintaining their respective positions, subsequently filed a joint stipulation for compensation on December 5, 2017. The stipulation provided for an award to petitioner. Special Master Thomas L. Gowen adopted the stipulation as the decision of the Court. The award included an amount sufficient to purchase an annuity contract and a lump sum of $398,598.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties waived their right to seek review of the decision. The decision was issued on January 17, 2018. Petitioner was represented by Carol L. Gallagher of Carol L. Gallagher, Esquire, LLC, and respondent was represented by Ryan D. Pyles of the United States Department of Justice. Theory of causation field: Petitioner Candy F. Hall received a trivalent influenza vaccine on or about September 29, 2014, and alleged it caused transverse myelitis and related sequelae. The respondent denied causation. The parties reached a joint stipulation for compensation, which was adopted by Special Master Thomas L. Gowen on January 17, 2018. The stipulation awarded petitioner a lump sum of $398,598.00 and an amount sufficient to purchase an annuity. The specific theory of causation, medical experts, clinical details of the injury, onset, symptoms, tests, treatments, or the mechanism of injury were not described in the provided public text, as the case was resolved via stipulation. Petitioner was represented by Carol L. Gallagher, and respondent was represented by Ryan D. Pyles. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00681-0 Date issued/filed: 2018-01-17 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 12/05/2017) regarding 34 DECISION Stipulation/Proffer. Signed by Special Master Thomas L. Gowen. (kb) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-00681-UNJ Document 43 Filed 01/17/18 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: December 5, 2017 * * * * * * * * * * * * * CANDY F. HALL, * UNPUBLISHED * Petitioner, * No. 16-681V * v. * Special Master Gowen * SECRETARY OF HEALTH * Joint Stipulation; Trivalent AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine; * Transverse Myelitis. Respondent. * * * * * * * * * * * * * * Carol L. Gallagher, Carol L. Gallagher, Esquire, LLC, Linwood, NJ, for petitioner. Ryan D. Pyles, United States Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On June 9, 2016, Candy F. Hall (“petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to 34 (2012).2 Petitioner received a trivalent influenza (“flu”) vaccine on or about September 29, 2014. Petitioner alleges that the flu vaccine caused her to develop transverse myelitis and related sequelae, with residual effects lasting for more than six months. On December 5, 2017, respondent filed a joint stipulation in which they state that a decision should be entered awarded compensation to petitioner. Joint Stipulation (ECF No. 33). Respondent denies that the flu vaccine is the cause of petitioner’s alleged transverse myelitis and/ or any other injury. Id. at ¶ 6. Maintaining their respective positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should 1 Because this decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the website of the United States Court of Federal Claims, pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012). The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the decision is posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision will be posted on the court’s website. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. Case 1:16-vv-00681-UNJ Document 43 Filed 01/17/18 Page 2 of 9 be entered awarding compensation to petitioner according to the terms of the joint stipulation attached hereto as Appendix A. The joint stipulation awards: a) An amount sufficient to purchase the annuity contract described in paragraph 10 of the joint stipulation attached hereto as Appendix A, paid to the life insurance company from which the annuity will be purchased; and b) A lump sum of $398,598.00 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-15(a). I find the stipulation reasonable and I adopt it as the decision of the Court in awarding damages, on the terms set forth therein. Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. Case 1:16-vv-00681-UNJ Document 43 Filed 01/17/18 Page 3 of 9 Case 1:16-vv-00681-UNJ Document 43 Filed 01/17/18 Page 4 of 9 Case 1:16-vv-00681-UNJ Document 43 Filed 01/17/18 Page 5 of 9 Case 1:16-vv-00681-UNJ Document 43 Filed 01/17/18 Page 6 of 9 Case 1:16-vv-00681-UNJ Document 43 Filed 01/17/18 Page 7 of 9 Case 1:16-vv-00681-UNJ Document 43 Filed 01/17/18 Page 8 of 9 CCaassee 11::1166--vvvv--0000668811--UUNNJJ DDooccuummeenntt 3433 FFiilleedd 1021//0157//1178 PPaaggee 79 ooff 79