VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00091 Package ID: USCOURTS-cofc-1_17-vv-00091 Petitioner: Deborah Easterbrook Filed: 2017-01-23 Decided: 2018-01-29 Vaccine: influenza Vaccination date: 2014-02-05 Condition: transverse myelitis Outcome: compensated Award amount USD: 200000 AI-assisted case summary: Deborah Easterbrook filed a petition on January 23, 2017, alleging that the tetanus-diphtheria-acellular pertussis and influenza vaccines she received on February 5, 2014, caused her to develop transverse myelitis. She further alleged that she suffered residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused her transverse myelitis or any other injury. Despite the denial, the parties reached a joint stipulation for compensation. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Easterbrook a lump sum payment of $200,000.00, payable to her. This amount was intended to compensate for all damages available under the National Vaccine Injury Compensation Program. The clerk was directed to enter judgment according to the decision and stipulation, barring any motions for review. Randall G. Knutson represented the petitioner, and Lara A. Englund represented the respondent. The decision was filed on January 2, 2018, and signed by Special Master Christian J. Moran. Theory of causation field: Petitioner Deborah Easterbrook alleged that the tetanus-diphtheria-acellular pertussis and influenza vaccines received on February 5, 2014, caused transverse myelitis, a condition listed in the Vaccine Injury Table. She claimed residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation for compensation, which Special Master Christian J. Moran adopted. The stipulation resulted in a $200,000.00 lump sum award. Petitioner counsel was Randall G. Knutson, and respondent counsel was Lara A. Englund. The decision date was January 2, 2018. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00091-0 Date issued/filed: 2018-01-29 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 1/2/2018) regarding 28 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (abs) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00091-UNJ Document 32 Filed 01/29/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * DEBORAH EASTERBROOK, * * No. 17-91V Petitioner, * Special Master Christian J. Moran * v. * Filed: January 2, 2018 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * tetanus-diphtheria-acellular pertussis * (“Tdap”) vaccine; transverse myelitis Respondent. * * * * * * * * * * * * * * * * * * * * * * Randall G. Knutson, Knutson & Casey Law Firm, Mankato, MN, for Petitioner; Lara A. Englund, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On December 28, 2017, the parties filed a joint stipulation concerning the petition for compensation filed by Deborah Easterbrook on January 23, 2017. Petitioner alleged that the tetanus-diphtheria-acellular pertussis and influenza vaccines she received on February 5, 2014, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused her to develop transverse myelitis. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Respondent denies that either of the vaccines caused petitioner to suffer from transverse myelitis, or any other injury. 1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:17-vv-00091-UNJ Document 32 Filed 01/29/18 Page 2 of 7 Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A lump sum payment of $200,000.00 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). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 17-91V according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 Case 1:17-vv-00091-UNJ Document 32 Filed 01/29/18 Page 3 of 7 Case 1:17-vv-00091-UNJ Document 32 Filed 01/29/18 Page 4 of 7 Case 1:17-vv-00091-UNJ Document 32 Filed 01/29/18 Page 5 of 7 Case 1:17-vv-00091-UNJ Document 32 Filed 01/29/18 Page 6 of 7 Case 1:17-vv-00091-UNJ Document 32 Filed 01/29/18 Page 7 of 7