VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01294
Package ID: USCOURTS-cofc-1_17-vv-01294
Petitioner: Janet H. Stuchal
Filed: 2017-09-20
Decided: 2020-09-16
Vaccine: Tdap and/or influenza
Vaccination date: 2014-09-24
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
On September 20, 2017, Janet H. Stuchal filed a petition for compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that she developed transverse myelitis (TM) after receiving a Tdap and/or influenza vaccine on September 24, 2014, and that she experienced residual effects from the injury for more than six months. The respondent denied that the vaccine caused Petitioner's TM or any other injury. On September 14, 2020, the parties filed a joint stipulation agreeing to an award of compensation. The stipulation stated that Petitioner would receive a lump sum of $65,000.00, payable by check, as compensation for all damages. Special Master Herbrina Sanders reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The award was made without the respondent conceding causation. Judgment was to be entered in accordance with the stipulation, unless a motion for review was filed.

Theory of causation field:
Petitioner Janet H. Stuchal alleged that a Tdap and/or influenza vaccine received on September 24, 2014, caused her to develop transverse myelitis (TM) with residual effects lasting more than six months. The respondent denied causation. The parties filed a stipulation for award, agreeing to compensation without respondent conceding causation. The public decision does not describe the specific mechanism of causation, expert testimony, or the medical evidence presented. Special Master Herbrina Sanders adopted the stipulation, awarding Petitioner $65,000.00 for all damages. Petitioner's counsel was Paul R. Brazil of Muller Brazil, LLP. Respondent's counsel was Lisa A. Watts of the United States Department of Justice. The decision date was September 16, 2020.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01294-0
Date issued/filed: 2020-09-30
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/16/2020) regarding 42 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (arm) Service on parties made.
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Case 1:17-vv-01294-UNJ Document 45 Filed 09/30/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: September 16, 2020
* * * * * * * * * * * * * * * * * * * * * * * * *
JANET H. STUCHAL, * No. 17-1294V
*
Petitioner, * Special Master Sanders
v. *
*
SECRETARY OF HEALTH * Stipulation for Award; Influenza (“flu”)
AND HUMAN SERVICES, * Vaccine; Tetanus-Diphtheria (“Tdap”)
* Vaccine; Transverse Myelitis (“TM”)
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Lisa A. Watts, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On September 20, 2017, Janet H. Stuchal (“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 tetanus-diphtheria-acellular-pertussis
(“Tdap”) and/or influenza (“flu”) vaccine she received on September 24, 2014, caused her to
develop transverse myelitis (“TM”). See Stip. at 1, ECF No. 41; Pet. at 1. Petitioner further alleged
that she experienced the residual effects of her injury for more than six months. Stip. at 1.
On September 14, 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 Tdap
and/or flu vaccine caused Petitioner’s alleged TM, or any other injury. Id. 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-01294-UNJ Document 45 Filed 09/30/20 Page 2 of 7
The parties stipulate that Petitioner shall receive the following compensation:
A lump sum of $65,000.00 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

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