VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01266 Package ID: USCOURTS-cofc-1_16-vv-01266 Petitioner: Ms. Isham Filed: 2018-06-19 Decided: 2018-06-19 Vaccine: influenza Vaccination date: Condition: transverse myelitis Outcome: compensated Award amount USD: 405000 AI-assisted case summary: This case was initiated by Ms. Isham, who allegedly suffered from transverse myelitis after receiving an influenza vaccine. The specific date of vaccination and Ms. Isham's age at the time are not provided in the public decision. Ms. Isham has since passed away, and Deborah Matthaes, as the personal representative of Ms. Isham's estate, was substituted as the petitioner. The respondent denied that the flu vaccine caused Ms. Isham's transverse myelitis or any other injury, or that it resulted in her death. Despite the respondent's denial, the parties filed a joint stipulation recommending an award of compensation. Chief Special Master Nora B. Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court. The stipulation provided for a lump sum award of $405,000.00, payable to the petitioner, to compensate for all damages available under 42 U.S.C. § 300aa-15(a). Judgment was to be entered in accordance with the terms of the stipulation, as the parties jointly renounced their right to seek review. Theory of causation field: The petitioner, Ms. Isham, alleged that she suffered from transverse myelitis following an influenza vaccination. The respondent denied that the flu vaccine caused the alleged injury or death. The specific theory of causation, medical experts, clinical details of the injury onset, symptoms, diagnostic tests, and treatments are not described in the provided public text. The parties entered into a stipulation for compensation, which was approved by Chief Special Master Nora B. Dorsey on June 19, 2018. The stipulation awarded the estate a lump sum of $405,000.00 for all damages. The attorneys involved were Ms. Isham (initial petitioner), Deborah Matthaes (substituted petitioner), and the respondent's counsel. The specific mechanism of injury was not detailed in the public decision. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01266-0 Date issued/filed: 2018-06-19 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/25/2018) regarding 52 DECISION Stipulation/Proffer Signed by Chief Special Master Nora Beth Dorsey. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01266-UNJ Document 58 Filed 06/19/18 Page 1 of 7 Case 1:16-vv-01266-UNJ Document 58 Filed 06/19/18 Page 2 of 7 Petition at 1-3. Because Ms. Isham has passed away, Deborah Matthaes (“petitioner”), as personal representative of Ms. Isham’s estate, was substituted as petitioner. Order dated March 24, 2017 (ECF No. 21). On May 23, 2018, the parties filed a stipulation recommending an award of compensation to petitioner. Stipulation (ECF No. 51). Respondent denies that the flu vaccine caused petitioner to suffer from transverse myelitis or any other injury, or resulted in her death. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulate that petitioner shall receive the following compensation: A lump sum of $405,000.00, in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation at ¶ 8. The undersigned approves the requested amount for petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 Any questions regarding this Order may be directed to the undersigned’s law clerk, Anna Miller, at (202) 357-6379, or anna_miller@cfc.uscourts.gov. IT IS SO ORDERED. s/Nora B. Dorsey Nora B. Dorsey Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 CCaassee 11::1166--vvvv--0011226666--UUNNJJ DDooccuummeenntt 5518 FFiilleedd 0056//2139//1188 PPaaggee 13 ooff 57 CCaassee 11::1166--vvvv--0011226666--UUNNJJ DDooccuummeenntt 5518 FFiilleedd 0056//2139//1188 PPaaggee 24 ooff 57 CCaassee 11::1166--vvvv--0011226666--UUNNJJ DDooccuummeenntt 5518 FFiilleedd 0056//2139//1188 PPaaggee 35 ooff 57 CCaassee 11::1166--vvvv--0011226666--UUNNJJ DDooccuummeenntt 5518 FFiilleedd 0056//2139//1188 PPaaggee 46 ooff 57 CCaassee 11::1166--vvvv--0011226666--UUNNJJ DDooccuummeenntt 5518 FFiilleedd 0056//2139//1188 PPaaggee 57 ooff 57