VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00271 Package ID: USCOURTS-cofc-1_17-vv-00271 Petitioner: Janice Bacon Filed: 2017-02-27 Decided: 2019-03-12 Vaccine: influenza Vaccination date: 2015-10-23 Condition: transverse myelitis Outcome: compensated Award amount USD: 150000 AI-assisted case summary: Janice Bacon filed a petition on February 27, 2017, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered from transverse myelitis (TM) as a result of an influenza vaccine she received on October 23, 2015, and that she experienced residual effects from the condition for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner's TM or any other injury. Despite maintaining their positions, both parties agreed to settle the case through a stipulation filed on February 7, 2019. Special Master Brian H. Corcoran reviewed the file and concluded that the stipulation was reasonable, adopting it as the decision. The stipulation awarded Janice Bacon a lump sum of $150,000.00, payable to Petitioner, as compensation for all damages. The decision directed that judgment be entered accordingly, unless a motion for review was filed. Theory of causation field: Petitioner Janice Bacon alleged that she suffered from transverse myelitis (TM) as a result of her October 23, 2015, influenza ("flu") vaccine, and experienced residual effects for more than six months. Respondent denied causation. The parties reached a settlement via stipulation filed February 7, 2019, which was adopted by Special Master Brian H. Corcoran. The stipulation awarded Petitioner $150,000.00 as compensation for all damages. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, diagnostic tests, or treatments. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00271-0 Date issued/filed: 2019-03-12 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 2/07/2019) Regarding 46 DECISION Stipulation (Signed by Special Master Brian H. Corcoran). (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00271-UNJ Document 50 Filed 03/12/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-271V (not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * JANICE BACON, * * Special Master Corcoran * Petitioner, * Filed: February 7, 2019 * v. * * Decision by Stipulation; Damages; SECRETARY OF HEALTH * Influenza (“flu”) Vaccine; Transverse AND HUMAN SERVICES, * Myelitis (“TM”). * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * Ronald C. Homer, Conway, Homer, P.C., Boston, MA for Petitioner. Ryan D. Piles, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On February 27, 2017, Janice Bacon filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that she suffered from transverse myelitis (“TM”), as a result of her October 23, 2015, influenza (“flu”) vaccine. Petitioner further alleges that she has experienced the residual effects of this condition for more than six months. 1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’s website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision 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 whole Decision in its present form will be available. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Case 1:17-vv-00271-UNJ Document 50 Filed 03/12/19 Page 2 of 7 Respondent denies that the flu vaccine caused Petitioner’s TM or any other injury. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on February 7, 2019) that the issues before them could 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 (as attached hereto) 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 $150,000.00, in the form of a check payable to Petitioner. Stipulation ¶ 8. This amount represents compensation for all damages that would be available under Section 15(a) of the Act. 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/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. 2 Case 1:17-vv-00271-UNJ Document 50 Filed 03/12/19 Page 3 of 7 Case 1:17-vv-00271-UNJ Document 50 Filed 03/12/19 Page 4 of 7 Case 1:17-vv-00271-UNJ Document 50 Filed 03/12/19 Page 5 of 7 Case 1:17-vv-00271-UNJ Document 50 Filed 03/12/19 Page 6 of 7 Case 1:17-vv-00271-UNJ Document 50 Filed 03/12/19 Page 7 of 7