VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00940
Package ID: USCOURTS-cofc-1_16-vv-00940
Petitioner: Paulette Stuart
Filed: 2016-08-04
Decided: 2024-01-02
Vaccine: influenza
Vaccination date: 2013-10-25
Condition: autoimmune sensory ganglionopathy
Outcome: compensated
Award amount USD: 297822.46

AI-assisted case summary:
Paulette Stuart filed a petition on August 4, 2016, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered from an autoimmune sensory ganglionopathy as a result of an influenza vaccination she received on October 25, 2013. The respondent, the Secretary of Health and Human Services, denied that Ms. Stuart sustained the alleged injury or that it was caused by the flu vaccine. Despite maintaining these positions, both parties agreed to settle the case. The court reviewed the file and adopted the parties' stipulation as its decision. The award includes a lump sum of $283,799.80 for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses. Additionally, $14,022.66 was awarded to reimburse a Medicaid lien for services rendered to Ms. Stuart. An amount sufficient to purchase an annuity contract was also awarded. The total compensation represents all damages available under the program. The decision was issued on January 2, 2024.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00940-1
Date issued/filed: 2024-01-02
Pages: 11
Docket text: PUBLIC DECISION (Originally filed: 12/11/2023) regarding 120 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (emh) Service on parties made.
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Case 1:16-vv-00940-UNJ Document 123 Filed 01/02/24 Page 1 of 11
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-940
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * *
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*
PAULETTE STUART,
*
* Filed: December 11, 2023
Petitioner, *
*
*
v.
*
*
SECRETARY OF HEALTH AND *
*
HUMAN SERVICES,
*
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Wilson, Wilson Science Law, Washington, DC, for Petitioner
Camille Collett, U.S. Department of Justice, Washington, DC, for Respondent
DECISION ON JOINT STIPULATION1
On August 4, 2016, Paulette Stuart (“Petitioner”) filed a petition, seeking compensation
under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF
No. 1. Petitioner alleges she suffered from an autoimmune sensory ganglionopathy as a result of
the influenza (“flu”) vaccination she received on October 25, 2013. See Stipulation ¶ 2, 4, dated
December 11, 2023 (ECF No. 119); see also Petition.
1 Because this Decision contains a reasoned explanation for the action in this case, it must be made publicly
accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government
Services). This means the Decision will be available to anyone with access to the internet. In accordance
with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information,
the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that
the identified material fits within this definition, I will redact such material from public access.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter
“Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the
pertinent subparagraph of 42 U.S.C. § 300aa.

Case 1:16-vv-00940-UNJ Document 123 Filed 01/02/24 Page 2 of 11
Respondent denies “that petitioner sustained an autoimmune sensory ganglionopathy;
denies that the flu vaccine caused her alleged injury or any other injury or condition; and denies
that her current condition is a sequela of a vaccine-related injury.” See Stipulation ¶ 6. Nonetheless,
both parties, while maintaining their above-stated positions, agreed in a stipulation filed December
11, 2023, that the issues before them can 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
is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth
therein.
The stipulation awards:
a) a lump sum of $283,799.80, which amount represents compensation for first year life
care expenses ($3,799.80), and combined lost earnings, pain and suffering, and past
unreimbursable expenses ($280,000.00), in the form of a check payable to petitioner;
b) A lump sum of $14,022.66, representing reimbursement of a Medicaid lien for services
rendered to petitioner by the New York City Department of Social Services, in the form
of a check payable jointly to petitioner and:
New York City Department of Social Services
New York City Human Resources Administration
Division of Liens and Recovery
P.O. Box 414799
Boston, MA 02241-4799
Case # 980852
Petitioner agrees to endorse this check to the New York City Department of Social
Services.
c) An amount sufficient to purchase the annuity contract described in paragraph 10 of the
Stipulation, paid to the life insurance company from which the annuity will be
purchased (the “Life Insurance Company”).
Stipulation ¶ 8. This award represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
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
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice
renouncing their right to seek review.

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IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master

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