VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01156 Package ID: USCOURTS-cofc-1_18-vv-01156 Petitioner: Willie Roberts, Jr. Filed: 2018-08-08 Decided: 2020-09-09 Vaccine: influenza Vaccination date: 2014-09-24 Condition: transverse myelitis Outcome: compensated Award amount USD: 125000 AI-assisted case summary: Derek Roberts, as personal representative of the estate of Willie Roberts, Jr., filed a petition on August 8, 2018, alleging that an influenza vaccine administered on September 24, 2014, caused his father to suffer transverse myelitis (TM). The petition further alleged that Mr. Roberts suffered residual effects from this injury for more than six months. The respondent denied that the vaccine caused or aggravated the alleged injury. The parties subsequently reached a joint stipulation, which Special Master Christian J. Moran adopted as the decision of the Court. The stipulation awarded a lump sum payment of $125,000.00, payable to Derek Roberts as Administrator of the Estate of Willie Roberts, Jr., as compensation for all damages. The decision date was September 9, 2020. The public decision does not describe the specific onset of symptoms, clinical course, diagnostic tests, treatments, or expert witnesses. Petitioner counsel was Theodore J. Hong of Maglio Christopher & Toale, and respondent counsel was Voris E. Johnson of the United States Department of Justice. Theory of causation field: Petitioner alleged that an influenza vaccine administered on September 24, 2014, caused Willie Roberts, Jr. to suffer transverse myelitis (TM), a condition listed on the Vaccine Injury Table. Petitioner further alleged that Mr. Roberts suffered residual effects for more than six months. Respondent denied causation or aggravation. The parties reached a stipulation, which was adopted by Special Master Christian J. Moran on September 9, 2020. The stipulation awarded $125,000.00 to the estate of Willie Roberts, Jr. The public decision does not specify the mechanism of injury, name any experts, or detail the evidence considered beyond the stipulation. Petitioner counsel was Theodore J. Hong, and respondent counsel was Voris E. Johnson. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01156-0 Date issued/filed: 2020-09-09 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 08/12/2020) regarding 64 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (Attachments: # (1) Joint Stipulation) (hh) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01156-UNJ Document 71 Filed 09/09/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * DEREK ROBERTS, as personal * Representative of the Estate of * WILLIE ROBERTS, JR., deceased, * * No. 18-1156V Petitioner, * Special Master Christian J. Moran * v. * Filed: August 12, 2020 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) AND HUMAN SERVICES, * vaccine; transverse myelitis * (“TM”). * Respondent. * * * * * * * * * * * * * * * * * * * * * * Theodore J. Hong, Maglio Christopher & Toale, Seattle, WA, for Petitioner; Voris E. Johnson, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On August 12, 2020, the parties filed a joint stipulation concerning the petition for compensation filed by Derek Roberts on behalf of his deceased father Willie Roberts, Jr., on August 8, 2018. Petitioner alleged that the influenza (“flu”) vaccine Mr. Roberts received on September 24, 2014, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer transverse myelitis (“TM”). Petitioner further alleges that Mr. Roberts suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on Mr. Roberts’s behalf as a result of his condition. 1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:18-vv-01156-UNJ Document 71 Filed 09/09/20 Page 2 of 2 Respondent denies that the vaccines either caused or significantly aggravated Mr. Roberts’s alleged injury or any other injury. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A lump sum payment of $125,000.00 in the form of a check payable to petitioner, Derek Roberts, as Administrator of the Estate of Willie Roberts, Jr. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 18-1156V according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2