VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00725 Package ID: USCOURTS-cofc-1_18-vv-00725 Petitioner: David M. Roberts Filed: 2018-05-22 Decided: 2022-03-22 Vaccine: influenza Vaccination date: 2015-10-14 Condition: transverse myelitis Outcome: compensated Award amount USD: 175000 AI-assisted case summary: David M. Roberts filed a petition on May 22, 2018, alleging that he suffered from transverse myelitis as a result of receiving an influenza vaccine on October 14, 2015. The respondent denied that the flu vaccine caused the petitioner's alleged injuries or his current condition. However, the parties reached a stipulation to settle the case. The stipulation provided for a lump sum payment of $175,000.00 to the petitioner for all damages. Special Master Thomas L. Gowen adopted the stipulation and awarded compensation accordingly. The decision was filed on March 22, 2022. The public decision does not describe the petitioner's specific symptoms, medical tests, treatments, or the specific mechanism of causation. Petitioner counsel was Nicole K. Nobbe of Moore, Heffernan, et al., LLP, and respondent counsel was Madelyn Weeks of the Department of Justice. Theory of causation field: Petitioner David M. Roberts received an influenza vaccine on October 14, 2015, and subsequently alleged he suffered from transverse myelitis. The respondent denied causation. The parties reached a stipulation for settlement, agreeing to an award of $175,000.00 for all damages. Special Master Thomas L. Gowen adopted the stipulation on March 22, 2022. The public decision does not detail the specific theory of causation, medical experts, or the mechanism linking the vaccine to the alleged injury. Petitioner counsel was Nicole K. Nobbe, and respondent counsel was Madelyn Weeks. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00725-0 Date issued/filed: 2022-04-25 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/22/2022) regarding 67 DECISION Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00725-UNJ Document 74 Filed 04/25/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: March 22, 2022 * * * * * * * * * * * * * DAVID M. ROBERTS, * Unpublished * Petitioner, * No. 18-725V * v. * Special Master Gowen * SECRETARY OF HEALTH * Decision on Stipulation; AND HUMAN SERVICES, * Influenza (“flu”); Transverse * myelitis. Respondent. * * * * * * * * * * * * * * * Nicole K. Nobbe, Moore, Heffernan, et al., LLP, Sioux City, IA, for petitioner. Madelyn Weeks, Dept. of Justice, Washington, D.C., for respondent. DECISION ON STIPULATION1 On May 22, 2018, David M. Roberts (“petitioner”), filed a petition in the National Vaccine Injury Program.2 Petition (ECF No. 1). Petitioner received an influenza (“flu”) vaccine on October 14, 2015. Id. Petitioner alleges that as a result of receiving the flu vaccine, he suffered from transverse myelitis. Id. at ¶ 7. On March 22, 2022, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation (ECF No. 66). Respondent denies that the flu vaccine is the cause of petitioner’s alleged injuries, or any other injury or his current condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties now agree that the issues between them shall be settled and that a decision should be entered awarding 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. 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-1 to -34 (2012) (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. Case 1:18-vv-00725-UNJ Document 74 Filed 04/25/22 Page 2 of 7 compensation to the petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation provides: 1) A lump sum of $175,000.00 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). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:18-vv-00725-UNJ Document 74 Filed 04/25/22 Page 3 of 7 Case 1:18-vv-00725-UNJ Document 74 Filed 04/25/22 Page 4 of 7 Case 1:18-vv-00725-UNJ Document 74 Filed 04/25/22 Page 5 of 7 Case 1:18-vv-00725-UNJ Document 74 Filed 04/25/22 Page 6 of 7 Case 1:18-vv-00725-UNJ Document 74 Filed 04/25/22 Page 7 of 7