VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01487
Package ID: USCOURTS-cofc-1_18-vv-01487
Petitioner: Keith Miller
Filed: 2018-09-26
Decided: 2023-06-20
Vaccine: influenza
Vaccination date: 2015-10-02
Condition: Devic’s Disease (also known as neuromyelitis optica, or NMO)
Outcome: compensated
Award amount USD: 963033

AI-assisted case summary:
On September 26, 2018, Keith Miller, an adult, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition was later amended to reflect Edna Charmaine Hearns as the administrator ad litem of Mr. Miller's estate. Mr. Miller alleged that he received a quadrivalent influenza vaccine on October 2, 2015, which substantially aggravated his Devic's Disease, also known as neuromyelitis optica (NMO), and led to his death. The respondent denied that the vaccine caused or significantly aggravated Mr. Miller's condition or caused his death. The parties reached a joint stipulation to settle the case, which was filed on May 24, 2023. Special Master Mindy Michaels Roth adopted the stipulation. The settlement included a lump sum payment of $500,000.00 payable to Edna Charmaine Hearns as administrator ad litem of Mr. Miller's estate. Additionally, a lump sum of $463,033.69 was awarded to reimburse a State of Tennessee (Amerigroup Community Care) Medicaid lien, payable jointly to Ms. Hearns and Optum Subrogation Services. The case was settled as a Table claim, as NMO is listed on the Vaccine Injury Table. The decision was issued on June 20, 2023. Petitioner counsel was Robert D. Cobb, Jr., Esq., and respondent counsel was Voris E. Johnson, Esq. The public decision does not describe the onset of symptoms, specific clinical details of Mr. Miller's condition, diagnostic tests, or treatments. The specific mechanism of causation was not detailed in the public decision, but the case was settled as a Table claim.

Theory of causation field:
Petitioner alleged that an influenza vaccine administered on October 2, 2015, substantially aggravated Keith Miller's Devic's Disease (neuromyelitis optica or NMO) and led to his death. Respondent denied causation. The case was settled via joint stipulation as a Table claim, as NMO is listed on the Vaccine Injury Table. The stipulation was adopted by Special Master Mindy Michaels Roth on June 20, 2023. The settlement award totaled $963,033.69, comprising a $500,000.00 lump sum to the estate and $463,033.69 to reimburse a Medicaid lien. Petitioner counsel was Robert D. Cobb, Jr., Esq., and respondent counsel was Voris E. Johnson, Esq. The public decision does not detail specific medical experts, clinical findings, or the precise mechanism of injury beyond its classification as a Table claim.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01487-0
Date issued/filed: 2023-06-20
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 5/24/2023) regarding 61 DECISION Stipulation. Signed by Special Master Mindy Michaels Roth. (dkj) Service on parties made. (Main Document 64 replaced on 6/20/2023 with decision and stipulation) (sw).
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Case 1:18-vv-01487-UNJ Document 64 Filed 06/20/23 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1487V
Filed: May 24, 2023
* * * * * * * * * * * * *
EDNA CHARMAINE HEARNS * UNPUBLISHED
administrator ad litem *
ESTATE OF KEITH MILLER *
*
Petitioner, * Decision on Joint Stipulation;
* Neuromyelitis Optica (“NMO”);
v. * Influenza (“Flu”) Vaccine.
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Robert D. Cobb, Jr., Esq., Nahon, Saharovich & Trotz, Memphis, TN, for petitioner.
Voris E. Johnson, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On September 26, 2018, Keith Miller filed a petition for compensation under the National
Vaccine Injury Compensation Program.2 On March 6, 2023, the case caption in this matter was
changed to reflect Edna Charmaine Hearns (“petitioner”) as the administrator of Mr. Miller’s
estate. ECF No. 53. Petitioner alleges that a quadrivalent influenza (“flu”) vaccine received on
October 2, 2015 substantially aggravated Mr. Miller’s Devic’s Disease (also known as
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted 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, I agree that the identified material fits within this definition, I will redact such
material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2018).
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Case 1:18-vv-01487-UNJ Document 64 Filed 06/20/23 Page 2 of 8
“neuromyelitis optica” or “NMO”) and led to his death. Stipulation, filed May 24, 2023, at ¶¶ 1-
4. Respondent denies that the aforementioned immunization caused or significantly aggravated
petitioner’s injury or caused his death. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On May 24, 2023, the parties filed
a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
a. A lump sum of $500,000.00, in the form of a check payable to petitioner, Edna
Charmaine Hearns, as administrator ad litem of the estate of Keith Miller; and,
b. A lump sum of $463,033.69,3 which amount represents reimbursement of a State of
Tennessee (Amerigroup Community Care) Medicaid lien for services rendered on
behalf of petitioner, in the form of a check payable jointly to petitioner and:
Optum Subrogation Services
L-3994
Columbus, OH 43260-3994
Optum File #: SN23688979
Attn: Karmen Koelbl
Petitioner agrees to endorse this check to Optum Subrogation Services.
These amounts represent compensation for all damages that would be available under §
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 is directed to enter judgment in accordance
with this decision.4
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of
action that Amerigroup Community Care may have against any individual as a result of any Medicaid
payments Amerigroup Community Care has made to or on behalf of Keith A. Miller as a result of his
alleged vaccine-related injury suffered on or about October 2, 2015, under Title XIX of the Social
Security Act, see 42 U.S.C. § 300aa-15(g), (h).
4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
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Case 1:18-vv-01487-UNJ Document 64 Filed 06/20/23 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_________________________________________
)
EDNA CHARMAINE HEARNS, )
Administrator Ad Litem to the Estate of )
KEITH MILLER, )
)
Petitioner, )
) No. 18-1487V (ECF)
v. ) Special Master Roth
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
_________________________________________)
STIPULATION
The parties hereby stipulate to the following matters:
1. Edna Charmaine Hearns (“petitioner”), as administrator ad litem to the estate of
Keith Miller, deceased (“Mr. Miller”), filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the “Vaccine
Program”). The petition seeks compensation for injuries and death allegedly sustained following
Mr. Miller’s receipt of an influenza (“flu”) vaccine, which vaccine is contained in the Vaccine
Injury Table (the “Table”), 42 C.F.R. §100.3(a).1
2. Mr. Miller received a flu vaccination on October 2, 2015.
3. The vaccination was administered within the United States.
1 The petition originally was filed by Mr. Miller on his own behalf; Mr. Miller died during the
pendency of this action. The petition was amended on March 6, 2023, to identify Ms. Hearns as
the petitioner, and Ms. Hearns subsequently was granted leave to amend the petition again to
assert that Mr. Miller’s death was vaccine-related.

Case 1:18-vv-01487-UNJ Document 64 Filed 06/20/23 Page 4 of 8
4. Petitioner alleges that Mr. Miller suffered a significant aggravation of Devic’s
Disease (also known as neuromyelitis optica, or NMO) as a result of receiving the flu vaccine,
and alleges that Mr. Miller experienced the residual effects of this injury for more than six
months. Petitioner further alleges that Mr. Miller’s death was the sequela of his alleged vaccine-
related injury.
5. Petitioner represents that there has been no prior award or settlement of a civil
action for damages as a result of Mr. Miller’s condition.
6. Respondent denies that the flu vaccine caused or significantly aggravated Mr.
Miller’s alleged NMO or any other injury, or caused his death.
7. Maintaining their above-stated positions, the parties nevertheless now agree that
the issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent
with the terms of this Stipulation, and after petitioner has filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
a. A lump sum of $500,000.00, in the form of a check payable to petitioner, Edna
Charmaine Hearns, as administrator ad litem of the estate of Keith Miller; and,
b. A lump sum of $463,033.69,2 which amount represents reimbursement of a State of
Tennessee (Amerigroup Community Care) Medicaid lien for services rendered on behalf
of petitioner, in the form of a check payable jointly to petitioner and:
2 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or
cause of action that Amerigroup Community Care may have against any individual as a result of
any Medicaid payments Amerigroup Community Care has made to or on behalf of Keith A.
Miller as a result of his alleged vaccine-related injury suffered on or about October 2, 2015,
under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h).
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Case 1:18-vv-01487-UNJ Document 64 Filed 06/20/23 Page 5 of 8
Optum Subrogation Services
L-3994
Columbus, OH 43260-3994
Optum File #: SN23688979
Attn: Karmen Koelbl
Petitioner agrees to endorse this check to Optum Subrogation Services.
These amounts represent compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys’ fees and costs incurred in proceeding
upon this petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act, 42 U.S.C. § 1396
et seq.), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability of sufficient statutory funds.
12. Petitioner represents that she presently is, or within 90 days of the date of
judgment will become, duly authorized to serve as legal representative of Mr. Miller’s estate
under the laws of the State of Tennessee. No payment pursuant to this Stipulation shall be made
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Case 1:18-vv-01487-UNJ Document 64 Filed 06/20/23 Page 6 of 8
until petitioner provides the Secretary with documentation establishing her appointment as legal
representative of Mr. Miller’s estate. If petitioner is not authorized by a court of competent
jurisdiction to serve as legal representative of the estate of Mr. Miller at the time a payment
pursuant to this Stipulation is to be made, any such payment shall be paid to the party or parties
appointed by a court of competent jurisdiction to serve as legal representative of the estate of Mr.
Miller upon submission of written documentation of such appointment to the Secretary.
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity and as personal representative of the estate of Mr. Miller, on her own behalf,
and on behalf of the estate and Mr. Miller’s heirs, executors, administrators, successors or
assigns, does forever irrevocably and unconditionally release, acquit and discharge the Secretary
of Health and Human Services and the United States of America from any and all actions or
causes of action (including agreements, judgments, claims, damages, loss of services, expenses
and all demands of whatever kind or nature) that have been brought, could have been brought, or
could be timely brought in the Court of Federal Claims, under the National Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out
of, any and all known or unknown, suspected or unsuspected personal injuries to, or death of,
petitioner resulting from, or alleged to have resulted from, the flu vaccine administered on
October 2, 2015, as alleged by petitioner in a petition for vaccine compensation filed on or about
September 26, 2018, in the United States Court of Federal Claims as petition No. 18-1487V.
14. If the special master fails to issue a decision in complete conformity with the
terms of this Stipulation, or if the Court of Federal Claims fails to enter judgment in conformity
with a decision that is in complete conformity with the terms of this Stipulation, then the parties’
settlement and this Stipulation shall be voidable at the sole discretion of either party.
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Case 1:18-vv-01487-UNJ Document 64 Filed 06/20/23 Page 7 of 8
15. This Stipulation expresses a full and complete negotiated settlement of liability
and damages claimed under the National Vaccine Injury Act of 1986, as amended, except as
otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or
amount of damages, and further, that a change in the items of compensation sought is not
grounds to modify or revise this agreement.
16. This Stipulation shall not be construed as an admission by the United States of
America or the Secretary of Health and Human Services that Mr. Miller’s alleged NMO and
residual effects, or any other injury, or his death, were caused by the flu vaccine.
17. All rights and obligations of petitioner hereunder shall apply equally to
petitioner’s heirs, successors and/or assigns.
END OF STIPULATION
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