VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00859
Package ID: USCOURTS-cofc-1_16-vv-00859
Petitioner: Johana Mekwinski
Filed: 2016-07-21
Decided: 2023-09-27
Vaccine: influenza
Vaccination date: 2013-10-17
Condition: multiple sclerosis
Outcome: compensated
Award amount USD: 167572

AI-assisted case summary:
Johana Mekwinski, an adult, filed a petition on July 21, 2016, alleging that she suffered from multiple sclerosis (MS) or that the influenza (flu) vaccine she received on October 17, 2013, significantly aggravated her MS. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused or aggravated her condition. Despite maintaining their respective positions, the parties reached a stipulation to settle the case. The stipulation provided for a total award of $167,572.90 for first-year life care expenses ($15,122.99), pain and suffering ($150,000.00), and past unreimbursable expenses ($2,449.91), to be paid as a check to the petitioner. Additionally, $869.69 was awarded to reimburse a Sunshine Health Medicaid lien, to be paid as a check jointly to petitioner and The Rawlings Company LLC. The case was settled via stipulation, and judgment was entered accordingly. Special Master Thomas L. Gowen issued the decision on September 27, 2023. Petitioner was represented by Anne C. Toale, and respondent was represented by Catherine E. Stolar. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Johana Mekwinski alleged that the influenza vaccine administered on October 17, 2013, caused multiple sclerosis (MS) or significantly aggravated her pre-existing MS. Respondent denied causation. The parties reached a stipulation to settle the case, with respondent denying causation. The stipulation resulted in an award of $167,572.90 for first-year life care expenses, pain and suffering, and past unreimbursable expenses, plus $869.69 for a Medicaid lien reimbursement. Special Master Thomas L. Gowen issued the decision on September 27, 2023. Petitioner counsel was Anne C. Toale, and respondent counsel was Catherine E. Stolar. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused or aggravated MS.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-00859-0
Date issued/filed: 2023-10-30
Pages: 10
Docket text: PUBLIC DECISION (Originally filed: 09/27/2023) regarding 145 DECISION on Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-00859-UNJ Document 149 Filed 10/30/23 Page 1 of 10
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: September 27, 2023
* * * * * * * * * * * * *
JOHANA MEKWINSKI *
*
Petitioner, * No. 16-859V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Decision on Stipulation;
AND HUMAN SERVICES, * Influenza (“flu”); Multiple
* Sclerosis.
Respondent. *
* * * * * * * * * * * * *
Anne C. Toale, Maglio Christopher and Toale, Sarasota, FL, for petitioner.
Catherine E. Stolar, U.S. Dept. of Justice, Washington, D.C., for respondent.
DECISION ON STIPULATION1
On July 21, 2016, Johana Mekwinski (“petitioner”) filed a petition for compensation in
the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner alleged
that as a result of receiving the influenza (“flu”) vaccine on October 17, 2013, she suffered from
multiple sclerosis (“MS”) or that the flu vaccine significantly aggravated her MS. Id.
On September 27, 2023, respondent file a stipulation providing that a decision should be
entered awarding compensation to petitioner. Stipulation (ECF No. 144). Respondent denies
that the flu vaccine was the cause of petitioner’s MS or that the flu vaccine significantly
aggravated her underlying MS. Id. at ¶ 6. Nevertheless, maintaining their respective positions,
the parties now agree that the issues between them shall be settled and that a decision should be
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a
reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of
Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the
opinion will be available to anyone with access to the Internet. Before the opinion 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 opinion will be posted on the
court’s website without any changes. 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-00859-UNJ Document 149 Filed 10/30/23 Page 2 of 10
entered awarding petitioner compensation according to the terms of the stipulation attached
hereto as Appendix A. Id. at ¶ 7.
The stipulation provides:
1) A lump sum of $167,572.90, which amounts represents compensation for the first
year life care expenses ($15,122.99), pain and suffering ($150,000.00), and past
unreimburseable expenses ($2,449.91), in the form of a check payable to
petitioner;
2) A lump sum of $869.69, which amount represents reimbursement of a Sunshine
Health Medicaid lien for services rendered on behalf of petitioner, in the form of
a check payable jointly to petitioner and:
The Rawlings Company LLC
Attn: Shuan Geiser
P.O. Box 2000
La Grange, KY 40031
Petitioner agrees to endorse this check to The Rawlings Company, LLC.
3) An amount sufficient to purchase the annuity contract described in paragraph
10 of the stipulation.
These amounts represent compensation for all damages that would be available
under 42 U.S.C. § 300aa-15(a).
Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with
the terms of the stipulation and this decision.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule
11(a).

Case 1:16-vv-00859-UNJ Document 149 Filed 10/30/23 Page 3 of 10

Case 1:16-vv-00859-UNJ Document 149 Filed 10/30/23 Page 4 of 10

Case 1:16-vv-00859-UNJ Document 149 Filed 10/30/23 Page 5 of 10

Case 1:16-vv-00859-UNJ Document 149 Filed 10/30/23 Page 6 of 10

Case 1:16-vv-00859-UNJ Document 149 Filed 10/30/23 Page 7 of 10

Case 1:16-vv-00859-UNJ Document 149 Filed 10/30/23 Page 8 of 10

Case 1:16-vv-00859-UNJ Document 149 Filed 10/30/23 Page 9 of 10

Case 1:16-vv-00859-UNJ Document 149 Filed 10/30/23 Page 10 of 10