VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00283
Package ID: USCOURTS-cofc-1_18-vv-00283
Petitioner: Marla Davis
Filed: 2018-02-23
Decided: 2023-07-10
Vaccine: hepatitis B
Vaccination date: 2015-08-13
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 192000

AI-assisted case summary:
Marla Davis filed a petition on February 23, 2018, alleging she suffered transverse myelitis (TM) as a result of a hepatitis B vaccine administered on August 13, 2015. She also received an influenza vaccine on September 21, 2015. Ms. Davis alleged in the alternative that the flu and/or hepatitis B vaccine significantly aggravated her TM. The respondent denied that the vaccines caused or aggravated her TM or any other injury. The parties reached a stipulation recommending an award of compensation. The Special Master found the stipulation reasonable and adopted it. Ms. Davis was awarded a lump sum of $192,000.00 as compensation for all damages available under the National Vaccine Injury Compensation Program. The judgment was entered in accordance with the stipulation. Petitioner counsel was Bridget Candace McCullough of Muller Brazil, LLP, and respondent counsel was Jennifer Leigh Reynaud of the U.S. Department of Justice. The Special Master was Nora Beth Dorsey.

Theory of causation field:
Petitioner Marla Davis alleged transverse myelitis (TM) as a result of a hepatitis B vaccine administered on August 13, 2015, and alternatively alleged that the hepatitis B and/or influenza vaccine administered on September 21, 2015, significantly aggravated her TM. Respondent denied causation. The parties reached a stipulation for compensation, which the Special Master adopted. Petitioner was awarded $192,000.00. The public decision does not describe the specific medical mechanism, expert testimony, or clinical details of the alleged injury or its aggravation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00283-0
Date issued/filed: 2023-08-04
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 7/10/2023) regarding 101 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (kis) Service on parties made.
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Case 1:18-vv-00283-UNJ Document 105 Filed 08/04/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: July 10, 2023
* * * * * * * * * * * * * * *
MARLA DAVIS, * UNPUBLISHED
*
Petitioner, * No. 18-283V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation; Hepatitis B
AND HUMAN SERVICES, * Vaccine; Transverse Myelitis (“TM”).
*
Respondent. *
*
* * * * * * * * * * * * * * *
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION BASED ON STIPULATION1
On February 23, 2018, Marla Davis (“Petitioner”) filed a petition in the National Vaccine
Injury Program2 alleging she suffered transverse myelitis (“TM”) as a result of a hepatitis B
vaccine administered on August 13, 2015. Petition at Preamble (ECF No. 1). Petitioner also
received an influenza (“flu”) vaccine on September 21, 2015. Petitioner’s Exhibit 1 at 2;
Respondent’s Report at 2 (ECF No. 20); Stipulation at ¶ 2 (ECF No. 100).
1 Because this Decision contains a reasoned explanation for the action in this case, the
undersigned is required to post it on the United States Court of Federal Claims’ website and/or at
https://www.govinfo.gov/app/collection/uscourts/national/cofc in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of
Electronic Government Services). This means the Decision will be available to anyone with
access to the Internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would
constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the
identified material fits within this definition, the undersigned will redact such material from
public access.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-10 to -34 (2018) (“Vaccine Act” or “the Act”). All citations in this Decision
to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:18-vv-00283-UNJ Document 105 Filed 08/04/23 Page 2 of 7
On July 10, 2023, the parties filed a stipulation recommending an award of compensation
to Petitioner. The stipulation indicates Petitioner alleged in the “alternative[] that the flu and/or
hep[atitis] B vaccine significantly aggravated [Petitioner’s] TM.” Stipulation at ¶ 4 (ECF No.
100). Respondent denies that Petitioner’s alleged TM or its residual effects were caused or
significantly aggravated by the flu and/or hepatitis B vaccine and denies that the flu and/or
hepatitis B vaccine caused any other injury or her current condition. Nevertheless, the parties
agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the
stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the
terms set forth therein.
The parties stipulate that Petitioner shall receive the following compensation:
A lump sum of $192,000.00 in the form of a check payable to Petitioner.
This amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a). Stipulation at ¶ 8.
The undersigned approves 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/Nora B. Dorsey
Nora B. Dorsey
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.

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