VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00208
Package ID: USCOURTS-cofc-1_17-vv-00208
Petitioner: Doris Foley
Filed: 2020-02-06
Decided: 2020-03-09
Vaccine: influenza
Vaccination date: 2014-10-01
Condition: Transverse Myelitis
Outcome: compensated
Award amount USD: 170000

AI-assisted case summary:
On February 6, 2020, Petitioner Doris Foley filed a petition seeking compensation under the National Vaccine Injury Compensation Program. Ms. Foley alleged that she developed Transverse Myelitis (TM) as a result of receiving an influenza vaccine on October 1, 2014. The respondent denied that the flu vaccination caused Ms. Foley's TM. Despite maintaining their respective positions, both parties agreed to settle the case through a joint stipulation filed on February 5, 2020. Special Master Katherine E. Oler reviewed the file and found the stipulation to be reasonable, adopting it as the decision. The stipulation awarded Ms. Foley a lump sum of $170,000.00, payable by check, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The case was concluded by this joint stipulation. Ronald Homer of Conway Homer, P.C. represented the Petitioner, and Daniel Principato of the U.S. Department of Justice represented the Respondent. The public decision was issued on March 9, 2020.

Theory of causation field:
Petitioner Doris Foley alleged that she developed Transverse Myelitis (TM) as a result of receiving an influenza vaccine on October 1, 2014. The respondent denied that the vaccination caused the alleged TM. The parties reached a settlement via joint stipulation, agreeing that the case could be settled and compensation awarded. The Special Master adopted the stipulation, awarding Petitioner $170,000.00 in a lump sum for all damages. The theory of causation was not detailed in the public decision, but the outcome was compensation, indicating an "Off-Table" determination or a settlement based on potential causation. The public decision does not name specific medical experts or detail the mechanism of injury. The decision was made by Special Master Katherine E. Oler on March 9, 2020, based on a stipulation filed February 5, 2020. Petitioner was represented by Ronald Homer, and Respondent by Daniel Principato.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00208-0
Date issued/filed: 2020-03-09
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 2/6/2020) regarding 66 DECISION Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made.
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Case 1:17-vv-00208-UNJ Document 70 Filed 03/09/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-208V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
DORIS FOLEY, *
*
Petitioner, * Filed: February 6, 2020
*
v. * Decision by Stipulation; Damages;
* Influenza (“Flu”) Vaccine;
* Transverse Myelitis (“TM”).
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway Homer, P.C., Boston, MA, for Petitioner.
Daniel Principato, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On February 13, 2017, Petitioner Doris Foley filed a petition seeking compensation under
the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF No. 1.
Petitioner alleges that she developed Transverse Myelitis (“TM”) as a result of receiving an
influenza (“flu”) vaccination on October 1, 2014. See Stipulation ¶ 2, 4, dated February 5, 2020
(ECF No. 65); see also Petition.
Respondent denies “that petitioner’s alleged TM, or any other injury, was caused-in-fact
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted
on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. §
3501 (2012). This means the ruling will be available to anyone with access to the internet. As provided
by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain
kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Otherwise, the Decision in its present form will be available. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood
Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C.A. ' 300aa-
10-' 300aa-34 (West 1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine
Act are to 42 U.S.C.A. ' 300aa.

Case 1:17-vv-00208-UNJ Document 70 Filed 03/09/20 Page 2 of 7
by a flu vaccination.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their
above-stated positions, agreed in a stipulation filed February 5, 2020 that the issues before them
can be settled and that a decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth
therein.
The stipulation awards:
a lump sum of $170,000.00 in the form of a check payable to [P]etitioner.
Stipulation ¶ 8. This award represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. 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.3
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice
renouncing their right to seek review.
2

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