VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00652
Package ID: USCOURTS-cofc-1_17-vv-00652
Petitioner: Rebecca Tell
Filed: 2017-05-18
Decided: 2023-03-06
Vaccine: influenza
Vaccination date: 
Condition: transverse myelitis or clinically isolated syndrome that placed her at a higher risk for development of multiple sclerosis
Outcome: compensated
Award amount USD: 95000

AI-assisted case summary:
Rebecca Tell filed a petition for compensation under the National Vaccine Injury Compensation Program on May 18, 2017. She alleged that she suffered transverse myelitis (TM) or clinically isolated syndrome (CIS) following an influenza vaccine, and that this condition placed her at a higher risk for developing multiple sclerosis (MS). The petition stated that her condition had residual effects for more than six months, that there had been no prior award or settlement of a civil action for damages, and that her vaccine was administered in the United States. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's TM, CIS, MS, or any other injury, and denied that the vaccine significantly aggravated any alleged injury or condition, or that her current condition was a sequela of a vaccine-related injury. Despite the respondent's denials, the parties filed a joint stipulation for damages on February 6, 2023. Special Master Daniel T. Horner reviewed the stipulation and found it reasonable. On March 6, 2023, the court adopted the stipulation and awarded Rebecca Tell a lump sum of $95,000.00, payable by check to the petitioner. This amount was stated to represent compensation for all items of damages available under the Vaccine Act. The decision was entered by Special Master Daniel T. Horner.

Theory of causation field:
Petitioner Rebecca Tell alleged that an influenza vaccine caused her to suffer transverse myelitis (TM) or clinically isolated syndrome (CIS), which placed her at a higher risk for developing multiple sclerosis (MS). The respondent denied causation and aggravation. The parties filed a joint stipulation for damages, which was adopted by the Special Master. The public decision does not describe the specific vaccine date, petitioner's age at vaccination, the onset of symptoms, specific clinical findings, diagnostic tests, treatments, or the mechanism of causation. No experts were named in the public decision. The award was a lump sum of $95,000.00, representing compensation for all damages under the Vaccine Act. The decision was entered on March 6, 2023, by Special Master Daniel T. Horner, based on a stipulation filed February 6, 2023. Petitioner's counsel was Renee Gentry, and respondent's counsel was Jamica Littles.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00652-0
Date issued/filed: 2023-03-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 2/6/2023) regarding 75 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (mly) Service on parties made.
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Case 1:17-vv-00652-UNJ Document 79 Filed 03/06/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-652V
Filed: February 6, 2023
UNPUBLISHED
REBECCA TELL,
Petitioner,
Joint Stipulation on Damages;
v.
Influenza (“Flu”) vaccine; Transverse
myelitis (“TM”); Clinically isolated
SECRETARY OF HEALTH AND
syndrome (“CIS”); Multiple sclerosis
HUMAN SERVICES,
(“MS”)
Respondent.
Renee Gentry, The Law Office of Renee J. Gentry, Washington, DC, for petitioner.
Jamica Littles , U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On May 18, 2017, petitioner filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine
Act”). Petitioner alleges that she suffered transverse myelitis (“TM”) or clinically isolated
syndrome (“CIS”) that placed her at a higher risk for development of multiple sclerosis
(“MS”). Petition at 2; Stipulation, filed February 6, 2023, at ¶ 4. Petitioner further
alleges that she has experienced the residual effects of her condition for more than six
months, that there has been no prior award or settlement of a civil action for damages
as a result of her condition, and that her vaccine was administered in the United States.
Petition at 1-3; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused
petitioner to suffer from TM, CIS, MS, or any other injury, denies that the flu vaccine
significantly aggravated any alleged injury or condition, and denies that petitioner’s
current condition is a sequela of a vaccine-related injury. ” Stipulation at ¶ 6.
1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will
be posted on the United States Court of Federal Claims’ website in accordance with the E-Government
Act of 2002. See 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic
Government Services). This means the decision will be available to anyone with access to the
Internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact
medical or other information the disclosure of which would constitute an unwarranted invasion of privacy.
If the special master, upon review, agrees that the identified material fits within this definition, it will be
redacted from public access.
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).

Case 1:17-vv-00652-UNJ Document 79 Filed 03/06/23 Page 2 of 7
Nevertheless, on February 6, 2023, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as the decision of the Court in awarding damages, on the terms
set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $95,000.00 in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under § 15(a). Id.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the
clerk of the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Daniel T. Horner
Daniel T. Horner
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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