VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01226 Package ID: USCOURTS-cofc-1_16-vv-01226 Petitioner: Samantha Krieg Filed: 2018-06-18 Decided: 2018-06-18 Vaccine: influenza Vaccination date: 2013-11-03 Condition: acute disseminated encephalomyelitis (ADEM) Outcome: compensated Award amount USD: 133685 AI-assisted case summary: Petitioner Samantha Krieg filed a claim on June 18, 2018, alleging that she developed acute disseminated encephalomyelitis (ADEM) as a result of receiving an influenza vaccine on November 3, 2013. Respondent, the Secretary of Health and Human Services, denied that the vaccine caused petitioner's ADEM or any other injury. The parties reached a settlement agreement to resolve the case. Special Master Laura D. Millman adopted the terms of the stipulation. Pursuant to the stipulation, the court awarded Samantha Krieg $125,000.00 in compensation for all damages. Additionally, $8,685.48 was awarded to reimburse a State of Indiana Medicaid lien for services rendered on behalf of petitioner. The decision was issued on June 18, 2018. Petitioner's counsel was Diana L. Stadelnikas, and respondent's counsel was Amy P. Kokot. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert testimony. Theory of causation field: Petitioner Samantha Krieg alleged that an influenza vaccine administered on November 3, 2013, caused her to develop acute disseminated encephalomyelitis (ADEM). Respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman awarded compensation based on this stipulation. The award included a lump sum of $125,000.00 for all damages and $8,685.48 for a State of Indiana Medicaid lien reimbursement. The decision date was June 18, 2018. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. Petitioner was represented by Diana L. Stadelnikas, and respondent was represented by Amy P. Kokot. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01226-0 Date issued/filed: 2018-07-16 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/18/2018) regarding 30 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01226-UNJ Document 34 Filed 07/16/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1226V Filed: June 18, 2018 Not for Publication ************************************* SAMANTHA KRIEG, * * Petitioner, * * * Damages decision based on stipulation; v. * influenza (flu) vaccine; acute disseminated * encephalomyelitis (ADEM) SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Diana L. Stadelnikas, Sarasota, FL, for petitioner. Amy P. Kokot, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On June 18, 2018, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered acute disseminated encephalomyelitis (“ADEM”) that was caused by her November 3, 2013 receipt of influenza (“flu”) vaccine. Respondent denies that the flu vaccine caused petitioner’s ADEM 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). 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-01226-UNJ Document 34 Filed 07/16/18 Page 2 of 7 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 $125,000.00, in the form of a check payable to petitioner representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a); and b. a lump sum of $8,685.48, representing reimbursement of a State of Indiana Medicaid lien for services rendered on behalf of petitioner in the form of a check payable jointly to petitioner and Discovery Health Partners o/b/o MDWise MDWise Health Plan c/o Discovery Health Partners Two Pierce Place Suite 1900 Itasca, IL 60143 Attn: Mr. Adam P. Stone AStone@DiscoveryHealthPartners.com MDWise File Number: 824554 TIN: 26-3000153 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: June 18, 2018 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-01226-UNJ Document 34 Filed 07/16/18 Page 3 of 7 Case 1:16-vv-01226-UNJ Document 34 Filed 07/16/18 Page 4 of 7 Case 1:16-vv-01226-UNJ Document 34 Filed 07/16/18 Page 5 of 7 Case 1:16-vv-01226-UNJ Document 34 Filed 07/16/18 Page 6 of 7 Case 1:16-vv-01226-UNJ Document 34 Filed 07/16/18 Page 7 of 7