VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01550 Package ID: USCOURTS-cofc-1_17-vv-01550 Petitioner: Suzanne Schaffer Filed: 2017-10-17 Decided: 2020-01-24 Vaccine: influenza Vaccination date: 2014-09-30 Condition: transverse myelitis Outcome: compensated Award amount USD: 307214 AI-assisted case summary: Suzanne Schaffer filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that the influenza vaccine she received on September 30, 2014, caused her to develop transverse myelitis (TM). She further alleged that she experienced residual effects from the injury for more than six months. The parties filed a stipulation for an award, agreeing that compensation should be entered. Respondent denied that the flu vaccine caused Petitioner's TM or any other injury. However, they agreed to the stipulation, which the Court found reasonable. The stipulation awarded Suzanne Schaffer a lump sum of $307,214.74, which covered first-year life care expenses, pain and suffering, and past unreimbursable expenses. An additional amount was to be paid to purchase an annuity contract. The decision was entered on January 24, 2020, with judgment to be entered in accordance with the stipulation. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01550-0 Date issued/filed: 2020-02-24 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 1/24/2020) regarding 36 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (rs) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01550-UNJ Document 43 Filed 02/24/20 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: January 24, 2020 * * * * * * * * * * * * * * * SUZANNE SCHAFFER, * No. 17-1550V * Petitioner, * Special Master Sanders * v. * * SECRETARY OF HEALTH * Stipulation for Award; Influenza (“flu”) AND HUMAN SERVICES, * Vaccine; Transverse Myelitis (“TM”) * Respondent. * * * * * * * * * * * * * * * * Diana L. Stadelnikas, Maglio Christopher and Toale, P.A., Sarasota, FL, for Petitioner. Adriana R. Teitel, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On October 17, 2017, Suzanne Schaffer (“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 September 30, 2014, caused her to develop transverse myelitis (“TM”). See Stip. at 1, ECF No. 35; Pet. at 1. Petitioner further alleged that she experienced the residual effects of her injury for more than six months. Stip. at 1. On January 6, 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-01550-UNJ Document 43 Filed 02/24/20 Page 2 of 9 The parties stipulate that Petitioner shall receive the following compensation: A lump sum of $307,214.74, which amount represents compensation for first year life care expenses ($122,214.74) and pain and suffering and past unreimbursable expenses ($185,000.00), in the form of a check payable to [P]etitioner; and . . .[a]n amount sufficient to purchase the annuity contract described in paragraph 10 [of the stipulation], paid to the life insurance company from which the annuity will be purchased . . . . 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 Case 1:17-vv-01550-UNJ Document 43 Filed 02/24/20 Page 3 of 9 Case 1:17-vv-01550-UNJ Document 43 Filed 02/24/20 Page 4 of 9 Case 1:17-vv-01550-UNJ Document 43 Filed 02/24/20 Page 5 of 9 Case 1:17-vv-01550-UNJ Document 43 Filed 02/24/20 Page 6 of 9 Case 1:17-vv-01550-UNJ Document 43 Filed 02/24/20 Page 7 of 9 Case 1:17-vv-01550-UNJ Document 43 Filed 02/24/20 Page 8 of 9 Case 1:17-vv-01550-UNJ Document 43 Filed 02/24/20 Page 9 of 9