VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01815 Package ID: USCOURTS-cofc-1_17-vv-01815 Petitioner: Peter Stolberg Filed: 2017-07-14 Decided: 2021-09-02 Vaccine: influenza Vaccination date: 2016-10-05 Condition: Transverse Myelitis Outcome: compensated Award amount USD: 175000 AI-assisted case summary: Patricia Stolberg, as Personal Representative of the Estate of Peter Stolberg, filed a petition on July 14, 2021, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that Peter Stolberg developed Transverse Myelitis (TM) as a result of an influenza vaccine he received on October 5, 2016, which ultimately resulted in his death. The respondent denied that the flu vaccine caused Mr. Stolberg's TM and death. However, both parties agreed to settle the case through a joint stipulation dated July 13, 2021. Special Master Katherine E. Oler reviewed the file and adopted the stipulation as her decision. The stipulation awarded the estate a lump sum of $175,000.00, payable to Patricia Stolberg as personal representative, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was issued on September 2, 2021. Petitioner's counsel was Anne C. Toale of Maglio, Christopher, and Toale. Respondent's counsel was Voris E. Johnson of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details of the illness, diagnostic tests, treatments, or the mechanism of causation. Theory of causation field: Petitioner alleged that Peter Stolberg developed Transverse Myelitis (TM) and died as a result of an influenza vaccine received on October 5, 2016. Respondent denied causation. The parties stipulated to settle the case, with the Special Master adopting the stipulation. The award was $175,000.00. The public text does not specify a theory of causation, medical experts, or the mechanism of injury. The decision was made by Special Master Katherine E. Oler on September 2, 2021, based on a stipulation filed July 13, 2021. Petitioner was represented by Anne C. Toale, and Respondent by Voris E. Johnson. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01815-0 Date issued/filed: 2021-09-02 Pages: 7 Docket text: PUBLIC RULING (Originally filed: 7/14/2021) regarding 61 DECISION: Stipulation. Signed by Special Master Katherine E. Oler. (nvb) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01815-UNJ Document 68 Filed 09/02/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1815V (not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * PATRICIA STOLBERG, as Personal * Representative of the Estate of Peter Stolberg, * Filed: July 14, 2021 Decedent, * * * Petitioner, * Decision by Stipulation; Damages; * Influenza (“flu”) Vaccine; Transverse v. * Myelitis (“TM”). * * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * Anne C. Toale, Maglio, Christopher, and Toale, Sarasota FL., for Petitioner Voris E. Johnson, U.S. Department of Justice, Washington, DC, for Respondent DECISION ON JOINT STIPULATION1 On November 20, 2017, Patricia Stolberg (“Petitioner”) filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”) on behalf of the Estate of Peter Stolberg.2 Pet., ECF No. 1. Petitioner alleges that as a result of the influenza vaccine he received on October 5, 2016, Mr. Stolberg developed Transverse Myelitis 1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Otherwise, the Decision in its present form will be available. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter “Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the pertinent subparagraph of 42 U.S.C. § 300aa. Case 1:17-vv-01815-UNJ Document 68 Filed 09/02/21 Page 2 of 7 (“TM”) which resulted in his death. See Stipulation ¶ 2, 4, dated July 13, 2021 (ECF No. 60); see also Petition. Respondent denies “that the flu vaccine caused Mr. Stolberg’s TM and death, or any other injury.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation dated July 13, 2021 that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. ECF No. 27. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: A lump sum of $175,000.00 in the form of a check payable to Petitioner, Patricia Stolberg, as personal representative of the estate of Peter Stolberg, decedent. Stipulation ¶ 8. This award represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I approve a Vaccine Program award in the requested amounts set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court is directed to enter judgment herewith.3 IT IS SO ORDERED. s/ Katherine E. Oler Katherine E. Oler Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review. Case 1:17-vv-01815-UNJ Document 68 Filed 09/02/21 Page 3 of 7 CCaassee 1 1:1:177-v-vvv-0-011881155-U-UNNJJ D Dooccuummeennt t6 618-1 F Fileiledd 0 097/0/124/2/211 P Paaggee 4 2 o of f7 5 Case 1:17-vv-01815-UNJ Document 68 Filed 09/02/21 Page 5 of 7 Case 1:17-vv-01815-UNJ Document 68 Filed 09/02/21 Page 6 of 7 Case 1:17-vv-01815-UNJ Document 68 Filed 09/02/21 Page 7 of 7