VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00224 Package ID: USCOURTS-cofc-1_18-vv-00224 Petitioner: Alison Bracken Filed: 2018-02-14 Decided: 2020-10-22 Vaccine: influenza Vaccination date: 2015-10-24 Condition: transverse myelitis Outcome: compensated Award amount USD: 74143 AI-assisted case summary: Alison Bracken filed a petition for compensation on February 14, 2018, on behalf of herself, alleging that the influenza vaccine she received on October 24, 2015, caused her to develop transverse myelitis (TM) and experience residual effects for more than six months. Respondent denied that the flu vaccine caused Petitioner's alleged TM or any other injury. However, on September 28, 2020, the parties filed a stipulation agreeing to an award of compensation. The stipulation stated that Petitioner would receive a lump sum of $74,142.81, payable to Petitioner, as compensation for all damages. Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court. Judgment was entered in accordance with the stipulation. Theory of causation field: Petitioner Alison Bracken alleged that the influenza vaccine administered on October 24, 2015, caused her to develop transverse myelitis (TM) and experience residual effects for more than six months. Respondent denied causation. The parties filed a stipulation for award on September 28, 2020, agreeing to compensation for Petitioner. Special Master Herbrina Sanders adopted the stipulation, awarding Petitioner a lump sum of $74,142.81 for all damages. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, or treatments. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00224-0 Date issued/filed: 2020-10-22 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/28/2020) regarding 47 DECISION: Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (arm) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00224-UNJ Document 51 Filed 10/22/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: September 28, 2020 * * * * * * * * * * * * * * * * * * * * * * * * * ALISON BRACKEN, * No. 18-224V * Petitioner, * Special Master Sanders v. * * SECRETARY OF HEALTH * Stipulation for Award; Influenza (“flu”) AND HUMAN SERVICES, * Vaccine; Transverse Myelitis (“TM”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Kyle Edward Pozza, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On February 14, 2018, Alison Bracken (“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 24, 2015 caused her to develop transverse myelitis (“TM”) related to vaccine administration. See Stip. at 1, ECF No. 46. Petitioner further alleged that she experienced the residual effects of her injury for more than six months. Id. On September 28, 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 1–2. 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 1:18-vv-00224-UNJ Document 51 Filed 10/22/20 Page 2 of 7 The parties stipulate that Petitioner shall receive the following compensation: A lump sum of $74,142.81 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 Case 1:18-vv-00224-UNJ Document 51 Filed 10/22/20 Page 3 of 7 Case 1:18-vv-00224-UNJ Document 51 Filed 10/22/20 Page 4 of 7 Case 1:18-vv-00224-UNJ Document 51 Filed 10/22/20 Page 5 of 7 Case 1:18-vv-00224-UNJ Document 51 Filed 10/22/20 Page 6 of 7 Case 1:18-vv-00224-UNJ Document 51 Filed 10/22/20 Page 7 of 7