VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01132 Package ID: USCOURTS-cofc-1_16-vv-01132 Petitioner: Cheron Golding Filed: 2016-01-23 Decided: 2019-01-23 Vaccine: influenza Vaccination date: 2013-10-17 Condition: transverse myelitis (“TM”), neuromyelitis optica (“NMO”), diplopia, dysarthria, facial droop, extreme incontinence and constipation, paresthesia, numbness and weakness to all extremities, and gait dysfunction Outcome: compensated Award amount USD: 602378 AI-assisted case summary: On January 23, 2019, Cheron Golding filed a petition alleging that an influenza vaccine she received on October 17, 2013, caused her to suffer from transverse myelitis (TM), neuromyelitis optica (NMO), diplopia, dysarthria, facial droop, extreme incontinence and constipation, paresthesia, numbness and weakness to all extremities, and gait dysfunction. The respondent denied that the flu vaccine caused these injuries. The parties reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation, awarding compensation. The award included a lump sum of $550,638.35 for first-year life care expenses ($28,080.00), lost earnings ($337,558.35), and pain and suffering ($185,000.00), payable to the petitioner. Additionally, a lump sum of $46,740.32 was awarded to reimburse a lien for services rendered, payable jointly to the petitioner and Duchess County Department of Community and Family Services. The decision also awarded an amount sufficient to purchase an annuity contract as described in the stipulation. Petitioner's counsel was Randall G. Knutson, and respondent's counsel was Glenn A. Macleod. The decision was not published but was posted on the United States Court of Federal Claims' website. Theory of causation field: Petitioner Cheron Golding alleged that an influenza vaccine administered on October 17, 2013, caused transverse myelitis (TM), neuromyelitis optica (NMO), diplopia, dysarthria, facial droop, extreme incontinence and constipation, paresthesia, numbness and weakness to all extremities, and gait dysfunction. Respondent denied causation. The parties resolved the case via stipulation. The public decision does not describe the specific theory of causation, any medical experts, or the mechanism of injury. The Special Master adopted the stipulation, awarding a total of $602,378.35, comprising $550,638.35 for life care expenses, lost earnings, and pain and suffering, and $46,740.32 for a lien reimbursement, plus an amount for an annuity. Special Master Laura D. Millman issued the decision on January 23, 2019. Petitioner was represented by Randall G. Knutson, and respondent by Glenn A. Macleod. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01132-1 Date issued/filed: 2019-02-19 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 1/23/2019) regarding 50 DECISION Stipulation/Proffer. Signed by Special Master Laura D. Millman. (et) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01132-UNJ Document 54 Filed 02/19/19 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1132V Filed: January 23, 2019 Not for Publication ************************************* CHERON GOLDING, * * Petitioner, * * Damages decision based on v. * stipulation; influenza (“flu”) * vaccine; transverse myelitis SECRETARY OF HEALTH * (“TM”) AND HUMAN SERVICES, * * Respondent. * * ************************************* Randall G. Knutson, Mankato, MN, for petitioner. Glenn A. Macleod, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On January 23, 2019, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that influenza “flu” vaccine she received on October 17, 2013 caused her to suffer from transverse myelitis (“TM”), neuromyelitis optica (“NMO”), diplopia, dysarthria, facial droop, extreme incontinence and constipation, paresthesia, numbness and weakness to all extremities, and gait dysfunction. Respondent denies that the flu vaccine caused petitioner’s TM or any other injury. Nonetheless, the parties agreed to resolve this matter informally. 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). This means the ruling will be available to anyone with access to the Internet. Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to delete such information prior to the document’s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall delete such material from public access. Case 1:16-vv-01132-UNJ Document 54 Filed 02/19/19 Page 2 of 9 The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards: a. A lump sum of $550,638.35, which amount represents compensation for first year life care expenses ($28,080.00), lost earnings ($337,558.35), and pain and suffering ($185,000.00), in the form of a check payable to petitioner; and b. A lump sum of $46,740.32 which amount represents reimbursement of a lien for services rendered on behalf of petitioner, in the form of a check payable jointly to petitioner and Duchess County Department of Community and Family Services Community and Family Services Legal Bureau 60 Market Street Poughkeepsie, NY 12601-3294 CDR ID# 105269 ID#: 65-EX39435Y Attn: Thomas P. Delpizzo, Esq.; and c. An amount sufficient to purchase the annuity contract described in paragraph 10 of the attached stipulation. 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.2 IT IS SO ORDERED. Dated: January 23, 2019 /s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2 Case 1:16-vv-01132-UNJ Document 54 Filed 02/19/19 Page 3 of 9 Case 1:16-vv-01132-UNJ Document 54 Filed 02/19/19 Page 4 of 9 Case 1:16-vv-01132-UNJ Document 54 Filed 02/19/19 Page 5 of 9 Case 1:16-vv-01132-UNJ Document 54 Filed 02/19/19 Page 6 of 9 Case 1:16-vv-01132-UNJ Document 54 Filed 02/19/19 Page 7 of 9 Case 1:16-vv-01132-UNJ Document 54 Filed 02/19/19 Page 8 of 9 Case 1:16-vv-01132-UNJ Document 54 Filed 02/19/19 Page 9 of 9