VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00694 Package ID: USCOURTS-cofc-1_17-vv-00694 Petitioner: Victor Morales Filed: 2017-05-25 Decided: 2018-12-18 Vaccine: influenza Vaccination date: 2015-09-03 Condition: transverse myelitis Outcome: compensated Award amount USD: 100000 AI-assisted case summary: Victor Morales filed a petition on May 25, 2017, alleging that the influenza vaccine he received on or about September 3, 2015, caused him to suffer transverse myelitis, with residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table. Respondent, the Secretary of Health and Human Services, denied that the vaccine caused or aggravated Mr. Morales's alleged injury. Despite this denial, the parties reached a joint stipulation to resolve the case. Special Master Christian J. Moran reviewed and adopted the stipulation. The court awarded Mr. Morales $100,000.00 as compensation for all damages, to be paid as a lump sum via check. This award is intended to cover all damages available under the National Vaccine Injury Compensation Program. The decision was filed on December 18, 2018. Petitioner was represented by Diana L. Stadelnikas of Maglio, Christopher & Toale, and Respondent was represented by Glenn A. MacLeod of the United States Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner Victor Morales alleged that the influenza vaccine received on or about September 3, 2015, caused transverse myelitis, an injury listed on the Vaccine Injury Table, with residual effects lasting more than six months. Respondent denied causation. The parties reached a joint stipulation, which Special Master Christian J. Moran adopted. The stipulation resulted in an award of $100,000.00 as compensation for all damages. Petitioner was represented by Diana L. Stadelnikas, and Respondent by Glenn A. MacLeod. The public decision does not detail the specific mechanism of injury, expert testimony, or the breakdown of the award beyond the lump sum. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00694-0 Date issued/filed: 2019-01-22 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/21/18) regarding 42 DECISION Stipulation/Proffer Signed by Special Master Christian J. Moran. (MRG) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00694-UNJ Document 46 Filed 01/22/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * VICTOR MORALES, * * No. 17-694V Petitioner, * Special Master Christian J. Moran * v. * * Filed: December 21, 2018 SECRETARY OF HEALTH * AND HUMAN SERVICES, * Stipulation; flu vaccine; transverse * myelitis. Respondent. * * * * * * * * * * * * * * * * * * * * * * Diana L. Stadelnikas, Maglio, Christopher & Toale, Sarasota, FL, for Petitioner; Glenn A. MacLeod, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On December 18, 2018, the parties filed a joint stipulation concerning the petition for compensation filed by Victor Morales on May 25, 2017. Petitioner alleged that the flu vaccine he received on or about September 3, 2015, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer transverse myelitis. Petitioner further alleges that he suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. Respondent denies that the vaccines either caused or significantly aggravated petitioner’s alleged injury or any other injury, and denies that petitioner's current disabilities are the result of a vaccine-related injury. 1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:17-vv-00694-UNJ Document 46 Filed 01/22/19 Page 2 of 7 Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A lump sum payment of $100,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 17-694V according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 Case 1:17-vv-00694-UNJ Document 46 Filed 01/22/19 Page 3 of 7 Case 1:17-vv-00694-UNJ Document 46 Filed 01/22/19 Page 4 of 7 Case 1:17-vv-00694-UNJ Document 46 Filed 01/22/19 Page 5 of 7 Case 1:17-vv-00694-UNJ Document 46 Filed 01/22/19 Page 6 of 7 Case 1:17-vv-00694-UNJ Document 46 Filed 01/22/19 Page 7 of 7