VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00477
Package ID: USCOURTS-cofc-1_17-vv-00477
Petitioner: Ruben Abeyta
Filed: 2017-04-04
Decided: 2019-01-02
Vaccine: influenza
Vaccination date: 2014-10-28
Condition: Transverse Myelitis
Outcome: compensated
Award amount USD: 215000

AI-assisted case summary:
Ruben Abeyta filed a petition for compensation under the National Vaccine Injury Compensation Program on April 4, 2017, alleging he developed Transverse Myelitis (TM) after receiving an influenza vaccine on October 28, 2014. The respondent denied that the vaccine caused the alleged injury. The parties, petitioner Ruben Abeyta and the Secretary of Health and Human Services, reached a settlement agreement and filed a joint stipulation on December 7, 2018. Under the terms of the stipulation, the respondent agreed to pay Mr. Abeyta a lump sum of $215,000.00, payable by check to the petitioner, as compensation for all available damages. Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation accordingly, directing the clerk of the court to enter judgment. Ronald C. Homer, Esq. represented the petitioner, and Alexis B. Babcock, Esq. represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Ruben Abeyta alleged that he developed Transverse Myelitis (TM) after receiving an influenza vaccine on October 28, 2014. The respondent denied causation. The parties reached a settlement, and a joint stipulation was filed on December 7, 2018. The settlement included a lump sum payment of $215,000.00 to the petitioner for all damages. The Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation. The public decision does not specify the theory of causation, the mechanism of injury, or name any medical experts. Petitioner counsel was Ronald C. Homer, Esq., and respondent counsel was Alexis B. Babcock, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00477-0
Date issued/filed: 2019-01-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/7/2018) regarding 37 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (km) Service on parties made.
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Case 1:17-vv-00477-UNJ Document 41 Filed 01/02/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-477V
Filed: December 7, 2018
* * * * * * * * * * * * *
RUBEN ABEYTA, * UNPUBLISHED
*
Petitioner, * Decision on Joint Stipulation;
* Transverse Myelitis (“TM”);
v. * Influenza (“Flu”) Vaccine
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Ronald C. Homer, Esq., Conway, Homer, P.C., Boston, MA, for petitioner.
Alexis B. Babcock, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On April 4, 2017, Ruben Abeyta [“Mr. Abeyta or “petitioner”] filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
he developed Transverse Myelitis (“TM”) after receiving the influenza (“flu”) vaccine on October
28, 2014. Stipulation, filed Dec. 7, 2018, at ¶¶ 1-4. Respondent denies that any of the
aforementioned immunizations caused petitioner’s injury. Stipulation at ¶ 6.
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision
will be available to anyone with access to the internet. 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 will be available to the public. Id.
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).
1

Case 1:17-vv-00477-UNJ Document 41 Filed 01/02/19 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. On December 7, 2018, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
A lump sum of $215,000.00 in the form of a check payable to petitioner, Ruben
Abeyta. This amount represents compensation for all damages that would be available
under § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount and
on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance
with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

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