VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01575 Package ID: USCOURTS-cofc-1_16-vv-01575 Petitioner: Melissa Howie Filed: 2016-11-28 Decided: 2021-03-29 Vaccine: influenza Vaccination date: 2015-11-25 Condition: significant aggravation of her Multiple Sclerosis (“MS”) and Neuromyelitis Optica (“NMO”) Outcome: compensated Award amount USD: 200000 AI-assisted case summary: Melissa Howie filed a petition for compensation under the National Vaccine Injury Compensation Program on November 28, 2016. She alleged that she suffered a significant aggravation of her pre-existing Multiple Sclerosis (MS) and Neuromyelitis Optica (NMO) after receiving an influenza vaccination on November 25, 2015. Ms. Howie stated that she received the vaccine in the United States, experienced residual effects for more than six months, and had no prior award or settlement for her condition. The respondent denied that the flu vaccine caused her alleged injuries or aggravation of her conditions, and denied that her current condition was a sequelae of a vaccine-related injury. Despite the respondent's denial, the parties filed a joint stipulation for compensation on March 2, 2021. Special Master Daniel T. Horner reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Melissa Howie was awarded a lump sum of $200,000, payable by check to the petitioner, as compensation for all items of damages available under the Vaccine Act. The decision directed the clerk of the court to enter judgment in accordance with this award. Petitioner was represented by Braden Blumenstiel of DuPont and Blumenstiel, LLC, and respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice. Theory of causation field: Petitioner Melissa Howie alleged that an influenza vaccine administered on November 25, 2015, caused a significant aggravation of her pre-existing Multiple Sclerosis (MS) and Neuromyelitis Optica (NMO). The respondent denied that the vaccine caused the alleged aggravation or any other injury, and denied that the condition was a sequelae of a vaccine-related injury. The parties ultimately filed a joint stipulation for compensation, which Special Master Daniel T. Horner found reasonable and adopted. The stipulation resulted in an award of $200,000 to the petitioner. The specific medical mechanism or expert testimony supporting the petitioner's theory of causation was not detailed in the public decision, as the case was resolved via stipulation. The decision does not describe the onset, symptoms, diagnostic tests, or treatments related to the alleged injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01575-0 Date issued/filed: 2021-03-29 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 3/2/2021) regarding 113 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (tkp) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01575-UNJ Document 114 Filed 03/29/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1575V Filed: March 2, 2021 UNPUBLISHED MELISSA HOWIE, Petitioner, Joint Stipulation on Damages; v. Influenza (Flu) Vaccine; Significant Aggravation; Multiple Sclerosis (MS); SECRETARY OF HEALTH AND Neuromyelitis Optica (“NMO”) HUMAN SERVICES, Respondent. Braden Blumenstiel, DuPont and Blumenstiel, LLC, Dublin, OH , for petitioner. Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On November 28, 2016, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that she suffered a significant aggravation of her Multiple Sclerosis (“MS”) and Neuromyelitis Optica (“NMO”) after receiving an influenza vaccination on November 25, 2015. Petition at 2; Stipulation, filed March 2, 2021, at ¶¶ 2, 4. Petitioner further alleges that she received the vaccine in the United States, that she experienced the residual effects of her alleged injuries for more than six months following her vaccination, and that there has been no prior award or settlement for damages on her behalf as a result of her condition. Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused petitioner’s alleged significant aggravation of her pre- existing NMO and MS, or any other injury; and denies that her current condition is a sequelae of a vaccine-related injury. ” Stipulation at ¶ 6. 1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will be posted on the United States Court of Federal Claims’ website in accordance with the E-Government Act of 2002. See 44 U.S.C. § 3501 note (2012) (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 the special master, upon review, agrees that the identified material fits within this definition, it will be redacted 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). Case 1:16-vv-01575-UNJ Document 114 Filed 03/29/21 Page 2 of 7 Nevertheless, on March 2, 2021, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $200,000 in the form of a check payable to petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under § 15(a). Id. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Daniel T. Horner Daniel T. Horner Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:16-vv-01575-UNJ Document 114 Filed 03/29/21 Page 3 of 7 Case 1:16-vv-01575-UNJ Document 114 Filed 03/29/21 Page 4 of 7 Case 1:16-vv-01575-UNJ Document 114 Filed 03/29/21 Page 5 of 7 Case 1:16-vv-01575-UNJ Document 114 Filed 03/29/21 Page 6 of 7 Case 1:16-vv-01575-UNJ Document 114 Filed 03/29/21 Page 7 of 7