VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00669
Package ID: USCOURTS-cofc-1_17-vv-00669
Petitioner: John Sheridan
Filed: 2017-05-22
Decided: 2018-12-03
Vaccine: influenza
Vaccination date: 2016-01-25
Condition: Transverse Myelitis
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
On May 22, 2017, John Sheridan filed a petition for compensation under the National Vaccine Injury Compensation Program. He alleged that an influenza vaccine administered on January 25, 2016, caused him to develop Transverse Myelitis (TM) and that he experienced residual effects for more than six months. The respondent denied that the flu vaccine caused Petitioner's alleged TM or any other injury. However, on October 15, 2018, the parties filed a stipulation for award. The Special Master found the stipulation reasonable and adopted it as the decision of the Court. Petitioner was awarded a lump sum payment of $60,000.00 as compensation for all damages available under the program. The parties agreed to expedite the entry of judgment by jointly filing notice renouncing the right to seek review. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Andrew D. Downing of Van Cott & Talamante, PLLC, and Respondent was represented by Gabrielle M. Fielding of the United States Department of Justice. Special Master Herbrina Sanders issued the decision.

Theory of causation field:
Petitioner John Sheridan alleged that an influenza vaccine received on January 25, 2016, caused him to develop Transverse Myelitis (TM) and experience residual effects for more than six months. Respondent denied causation. The parties filed a stipulation for award on October 15, 2018, agreeing to a lump sum payment of $60,000.00 for all damages. Special Master Herbrina Sanders adopted the stipulation as the decision of the Court on December 3, 2018. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. Petitioner was represented by Andrew D. Downing and Respondent by Gabrielle M. Fielding.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00669-0
Date issued/filed: 2018-12-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/01/2018) regarding 29 DECISION Stipulation/Proffer Signed by Special Master Herbrina Sanders. (rs) Service on parties made.
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Case 1:17-vv-00669-UNJ Document 35 Filed 12/03/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: November 1, 2018
* * * * * * * * * * * * * * * * * * * * * * * * *
JOHN SHERIDAN, *
*
Petitioner, * No. 17-669V
v. * Special Master Sanders
*
SECRETARY OF HEALTH * Stipulation for Award; Influenza (“flu”)
AND HUMAN SERVICES, * Vaccine; Transverse Myelitis (“TM”)
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Andrew D. Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for Petitioner.
Gabrielle M. Fielding, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On May 22, 2017, John Sheridan (“Petitioner”) filed a petition for compensation pursuant
to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2012).
Petitioner alleged that the influenza (“flu”) vaccine he received on January 25, 2016, caused him
to develop Transverse Myelitis (“TM”). See Stip. at 1, ECF No. 28. Petitioner further alleged that
he experienced the residual effects of his injury for more than six months. Id.
On October 15, 2018, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation to Petitioner. Id. at 2. Respondent denies that the flu
vaccine caused Petitioner’s alleged TM, or any other injury. Id. at 1. Nevertheless, the parties
agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation
reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth
therein.
1 This decision shall be posted on the website of the United States Court of Federal Claims, in
accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913
(codified as amended at 44 U.S.C. § 3501 note (2012)). As provided by Vaccine Rule 18(b), each
party has 14 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).
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.

Case 1:17-vv-00669-UNJ Document 35 Filed 12/03/18 Page 2 of 7
The parties stipulate that Petitioner shall receive the following compensation:
[A] lump sum payment of $60,000.00 in the form of a check payable to
[P]etitioner. This amount represents compensation for all damages
that would be available under 42 U.S.C. § 300aa-15(a).
Id. at 2.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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