VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01286
Package ID: USCOURTS-cofc-1_17-vv-01286
Petitioner: Marie Altema
Filed: 2017-09-18
Decided: 2020-02-28
Vaccine: influenza
Vaccination date: 2015-10-29
Condition: Transverse Myelitis
Outcome: compensated
Award amount USD: 200000

AI-assisted case summary:
Marie Altema filed a petition for compensation under the National Vaccine Injury Compensation Program on September 18, 2017, alleging that the influenza vaccine she received on October 29, 2015, caused her to develop Transverse Myelitis (TM). She further alleged that she experienced residual effects from the injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her TM or any other injury. However, the parties reached a stipulation for an award. The Special Master found the stipulation reasonable and adopted it as the decision of the Court. Marie Altema was awarded $200,000.00 as compensation for all damages available under the program. The decision was entered on February 28, 2020, with judgment to be entered in accordance with the stipulation. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of injury. Petitioner was represented by Isaiah Richard Kalinowski of Maglio, Christopher & Toale, and Respondent was represented by Debra A. Filteau Begley of the United States Department of Justice. Special Master Herbrina Sanders issued the decision.

Theory of causation field:
Petitioner Marie Altema alleged that the influenza vaccine administered on October 29, 2015, caused her to develop Transverse Myelitis (TM) and experience residual effects for more than six months. The respondent denied causation. The parties filed a joint stipulation for award, which the Special Master adopted. The public text does not detail the specific theory of causation, medical experts, or the mechanism of injury. The award was a lump sum of $200,000.00 for all damages. Special Master Herbrina Sanders issued the decision on February 28, 2020. Petitioner's counsel was Isaiah Richard Kalinowski, and Respondent's counsel was Debra A. Filteau Begley.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-01286-0
Date issued/filed: 2020-02-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 1/24/2020) regarding 53 DECISION Stipulation/Proffer Signed by Special Master Herbrina Sanders. (Attachments: # (1) Appendix A)(sg) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-01286-UNJ Document 58 Filed 02/28/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: January 24, 2020
* * * * * * * * * * * * * * * * * * * * * * * * *
MARIE ALTEMA, * No. 17-1286V
*
Petitioner, * Special Master Sanders
v. *
*
SECRETARY OF HEALTH * Stipulation for Award; Influenza (“flu”)
AND HUMAN SERVICES, * Vaccine; Transverse Myelitis (“TM”)
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Isaiah Richard Kalinowski, Maglio, Christopher & Toale, Washington, DC, for Petitioner.
Debra A. Filteau Begley, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On September 18, 2017, Marie Altema (“Petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34
(2012); Pet. at 1, ECF No. 1. Petitioner alleged that the influenza (“flu”) vaccine she received on
October 29, 2015, caused her to develop Transverse Myelitis (“TM”). See Stip. at 1, ECF No. 50;
Pet. at 2–3. Petitioner further alleged that she experienced the residual effects of her injury for
more than six months. Stip. at 1.
On January 23, 2020, 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. I find the stipulation reasonable and adopt 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)). This means the Decision will be
available to anyone with access to the Internet. 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-01286-UNJ Document 58 Filed 02/28/20 Page 2 of 2
The parties stipulate that Petitioner shall receive the following compensation:
A lump sum of $200,000.00 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.
I approve 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