VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00510 Package ID: USCOURTS-cofc-1_18-vv-00510 Petitioner: Ann Galloway Filed: 2019-04-06 Decided: 2019-07-30 Vaccine: influenza Vaccination date: 2017-09-22 Condition: cervical myelitis Outcome: compensated Award amount USD: 135000 AI-assisted case summary: Ann Galloway filed a petition on April 6, 2019, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered from cervical myelitis as a result of her influenza vaccine, received on September 22, 2017. Petitioner further alleged that she experienced residual effects from this condition for more than six months. Respondent denied that the flu vaccine caused Petitioner’s cervical myelitis or any other injury. However, both parties agreed to settle the case through a stipulation, which was filed on June 25, 2019. The stipulation stated that a decision should be entered awarding Petitioner compensation, despite both parties maintaining their original positions on causation. Special Master Corcoran reviewed the file and found the stipulation to be reasonable, adopting it as the decision. The stipulation awarded Ann Galloway a lump sum of $135,000.00 as compensation for all damages available under the Act. The court directed that judgment be entered accordingly. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00510-0 Date issued/filed: 2019-07-30 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 6/26/2019) Regarding 27 DECISION Stipulation (Signed by Special Master Brian H. Corcoran). (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00510-UNJ Document 31 Filed 07/30/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-510V (not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * ANN GALLOWAY, * * Special Master Corcoran * Petitioner, * Filed: June 26, 2019 * v. * * Decision by Stipulation; Damages; SECRETARY OF HEALTH * Influenza (“flu”) Vaccine; Cervical AND HUMAN SERVICES, * Myelitis. * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Julia M. Collison, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On April 6, 2018, Ann Galloway filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that she suffered from cervical myelitis as a result of her September 22, 2017 influenza (“flu”) vaccine. Petitioner further alleges that she has experienced the residual effects of this condition for more than six months. 1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’s 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 whole 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. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Case 1:18-vv-00510-UNJ Document 31 Filed 07/30/19 Page 2 of 7 Respondent denies that the flu vaccine caused Petitioner’s cervical myelitis or any other injury. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on June 25, 2019) that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) 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 $135,000.00, in the form of a check payable to Petitioner. Stipulation ¶ 8. This amount represents compensation for all damages that would be available under Section 15(a) of the Act. I approve a Vaccine Program award in the requested amount 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/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. 2 Case 1:18-vv-00510-UNJ Document 31 Filed 07/30/19 Page 3 of 7 Case 1:18-vv-00510-UNJ Document 31 Filed 07/30/19 Page 4 of 7 Case 1:18-vv-00510-UNJ Document 31 Filed 07/30/19 Page 5 of 7 Case 1:18-vv-00510-UNJ Document 31 Filed 07/30/19 Page 6 of 7 Case 1:18-vv-00510-UNJ Document 31 Filed 07/30/19 Page 7 of 7