VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01108 Package ID: USCOURTS-cofc-1_16-vv-01108 Petitioner: Judy Linette Gentry Filed: 2016-09-06 Decided: 2018-05-29 Vaccine: influenza Vaccination date: 2013-09-27 Condition: transverse myelitis Outcome: compensated Award amount USD: 100000 AI-assisted case summary: Judy Linette Gentry filed a petition for compensation under the National Vaccine Injury Compensation Program on September 6, 2016. Ms. Gentry alleged that she developed transverse myelitis (TM) after receiving an influenza vaccine on September 27, 2013. The respondent, the Secretary of Health and Human Services, denied that the immunization caused her injury. The parties, however, reached a settlement agreement. The respondent agreed to issue a payment of $100,000.00 to Ms. Gentry as compensation for all available damages. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded the compensation, directing the clerk of the court to enter judgment accordingly. The decision was issued on May 29, 2018. Howard Gold, Esq. represented the petitioner, and Linda Renzi, Esq. represented the respondent. The public decision does not describe the specific onset of symptoms, clinical details, diagnostic tests, treatments, or expert witnesses. The theory of causation is not detailed in the public decision. Theory of causation field: Petitioner Judy Linette Gentry alleged transverse myelitis (TM) following an influenza vaccine on September 27, 2013. Respondent denied causation. The parties stipulated to a settlement. The Special Master adopted the stipulation, awarding $100,000.00 as a lump sum payment for all damages. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The decision date was May 29, 2018. Petitioner's counsel was Howard Gold, Esq., and respondent's counsel was Linda Renzi, Esq. Special Master Mindy Michaels Roth issued the decision. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01108-0 Date issued/filed: 2018-05-29 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 5/4/2018) regarding 24 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01108-UNJ Document 32 Filed 05/29/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1108V Filed: May 4, 2018 * * * * * * * * * * * * * JUDY LINETTE GENTRY, * UNPUBLISHED * Petitioner, * Decision on Joint Stipulation; * Transverse Myelitis (“TM”); v. * Influenza (“Flu”) Vaccine. * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Howard Gold,Esq., Gold Law Firm, LLC, Wellesley Hills, MA, for petitioner. Linda Renzi,, Esq., US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On September 6, 2016, Judy Linette Gentry [“Ms. Gentry or “petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that she developed transverse myelitis (“TM”) after receiving an influenza (“flu”) vaccine on September 27, 2013. See Stipulation, at ¶¶ 1-4, ECF No. 23. Respondent denies that the aforementioned immunization caused petitioner’s injury. Stipulation at ¶ 6. Nevertheless, the parties have agreed to settle the case. On May 4, 2018, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2012)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access. 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-01108-UNJ Document 32 Filed 05/29/18 Page 2 of 7 Respondent agrees to issue the following payment: A lump sum of $100,000.00 in the form of a check payable to petitioner, Judy Linette Gentry. 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 Case 1:16-vv-01108-UNJ Document 32 Filed 05/29/18 Page 3 of 7 Case 1:16-vv-01108-UNJ Document 32 Filed 05/29/18 Page 4 of 7 Case 1:16-vv-01108-UNJ Document 32 Filed 05/29/18 Page 5 of 7 Case 1:16-vv-01108-UNJ Document 32 Filed 05/29/18 Page 6 of 7 Case 1:16-vv-01108-UNJ Document 32 Filed 05/29/18 Page 7 of 7