VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01614
Package ID: USCOURTS-cofc-1_16-vv-01614
Petitioner: Steven Jenkins
Filed: 2016-12-06
Decided: 2020-01-10
Vaccine: influenza
Vaccination date: 2015-10-20
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 525744

AI-assisted case summary:
Steven Jenkins filed a petition for compensation on December 6, 2016, alleging that the influenza vaccine he received on October 20, 2015, caused him to develop transverse myelitis (TM) and experience residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner's alleged TM or any other injury. However, on November 22, 2019, the parties filed a stipulation for award. Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court. The stipulation provided for compensation to Petitioner, including a lump sum of $355,744.28. This lump sum represented compensation for first-year life care expenses ($110,673.52), pain and suffering ($170,000.00), and past unreimbursable expenses ($75,070.76). Additionally, an amount sufficient to purchase an annuity contract for future damages was to be paid to a life insurance company. This award was made on the terms set forth in the stipulation, and judgment was entered accordingly. Petitioner's counsel was Danielle Strait of Maglio Christopher & Toale, and respondent's counsel was Mallori Openchowski of the United States Department of Justice.

Theory of causation field:
Petitioner Steven Jenkins alleged that the influenza vaccine received on October 20, 2015, caused transverse myelitis (TM). Respondent denied causation. The parties filed a stipulation for award, agreeing to compensation without admitting causation. The public decision does not describe the specific theory of causation, medical experts, or the mechanism of injury. The award included a lump sum of $355,744.28 for first-year life care expenses, pain and suffering, and past unreimbursable expenses, plus an amount for an annuity contract for future damages. The decision was issued by Special Master Herbrina Sanders on January 10, 2020, based on a stipulation filed November 22, 2019. Petitioner's counsel was Danielle Strait, and respondent's counsel was Mallori Openchowski.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01614-0
Date issued/filed: 2020-01-10
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/22/2019) regarding 58 DECISION Stipulation/Proffer, Signed by Special Master Herbrina Sanders. (Attachments: # (1) Appendix A)(sg) Service on parties made.
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Case 1:16-vv-01614-UNJ Document 62 Filed 01/10/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: November 22, 2019
* * * * * * * * * * * * * * * * * * * * * * * * *
STEVEN JENKINS, * No. 16-1614V
*
Petitioner, * Special Master Sanders
*
v. *
*
SECRETARY OF HEALTH * Stipulation for Award; Influenza (“flu”)
AND HUMAN SERVICES, * vaccine; Transverse Myelitis (“TM”)
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Danielle Strait, Maglio Christopher & Toale, Seattle, WA, for Petitioner.
Mallori Openchowski, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On December 6, 2016, Steven Jenkins (“Petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34
(2012). Petitioner alleged that the influenza (“flu”) vaccine he received on October 20, 2015,
caused him to develop transverse myelitis (“TM”). See Stip. at 1, ECF No. 57. Petitioner further
alleged that he experienced the residual effects of his injury for more than six months. Id.
On November 22, 2019, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation to Petitioner. Id. at 2. Respondent denies that the flu
vaccine caused Petitioner’s alleged TM, or any other injury. Id. at 1–2. Nevertheless, the parties
agree to the joint stipulation, attached hereto as Appendix A. I find the stipulation reasonable and
adopt it as the decision of the Court in awarding damages, on the terms set forth therein.
1 This decision shall be posted on the website of the United States Court of Federal Claims, 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)). This means the Decision will be
available to anyone with access to the Internet. As provided by Vaccine Rule 18(b), each party
has 14 days within which to request redaction “of any information furnished by that party: (1) that
is a trade secret or commercial or financial in substance and is privileged or confidential; or (2)
that includes medical files or similar files, the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Vaccine Rule 18(b).
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.

Case 1:16-vv-01614-UNJ Document 62 Filed 01/10/20 Page 2 of 2
The parties stipulate that the Secretary of Health and Human Services will issue the
following vaccine compensation payments:
a. A lump sum of $355,744.28, which amount represents compensation
for first year life care expenses ($110,673.52), pain and suffering
($170,000.00), and past unreimbursable expenses ($75,070.76) in
the form of a check payable to [P]etitioner;
b. An amount sufficient to purchase the annuity contract described in
paragraph 10 of the Stipulation, paid to the life insurance company
from which the annuity will be purchased.
This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
Id.
I approve 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
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
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