VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01600 Package ID: USCOURTS-cofc-1_18-vv-01600 Petitioner: Lisa Whitehead-Williams Filed: 2018-10-16 Decided: 2022-05-12 Vaccine: influenza Vaccination date: 2015-10-16 Condition: transverse myelitis Outcome: compensated Award amount USD: 189943.43 AI-assisted case summary: Lisa Whitehead-Williams filed a petition alleging that the influenza vaccine she received on October 16, 2015, caused her to develop transverse myelitis (TM) and experience residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her condition. Despite this denial, the parties reached a stipulation for an award of compensation. The court adopted the stipulation, awarding Ms. Whitehead-Williams a total of $189,943.43. This amount included $153,286.96 for first-year life care expenses and pain and suffering, and $36,656.47 to reimburse a lien for services rendered by the Illinois Department of Healthcare and Family Services. The stipulation also included an amount sufficient to purchase an annuity contract for future damages. The parties agreed to expedite the entry of judgment by renouncing the right to seek review. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01600-0 Date issued/filed: 2022-05-12 Pages: 10 Docket text: PUBLIC DECISION (Originally filed: 04/27/2022) regarding 53 DECISION - Stipulation. Signed by Special Master Herbrina Sanders. (arm) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01600-UNJ Document 58 Filed 05/12/22 Page 1 of 10 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: April 27, 2022 * * * * * * * * * * * * * * * * * * * * * * * * * LISA WHITEHEAD-WILLIAMS, * No. 18-1600V * Petitioner, * Special Master Sanders v. * * Stipulation for Award; Influenza SECRETARY OF HEALTH * (“Flu”) Vaccine; Transverse AND HUMAN SERVICES, * Myelitis (“TM”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * John Robert Howie, Jr., Howie Law, P.C., Dallas, TX, for Petitioner. Julia Marter Collison, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On October 16, 2018, Lisa Whitehead-Williams (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2012); Pet. at 1, ECF No. 1. Petitioner alleged that the influenza (“flu”) vaccine she received on October 16, 2015, caused her to develop transverse myelitis (“TM”). Id. at 1. Petitioner further alleged that she experienced the residual effects of her injury for more than six months. Id. at 13. On April 26, 2022, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Stip. at 2, ECF No. 52. Respondent “denies that the flu vaccine caused [P]etitioner to suffer from TM or any other injury or her current condition.” Id. at 1. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. I find the stipulation reasonable and adopt 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: 1 This Decision shall be posted on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2012)). This means the Decision will be available to anyone with access to the Internet. As provided by Vaccine Rule 18(b), each party has 14 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). 2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755. Case 1:18-vv-01600-UNJ Document 58 Filed 05/12/22 Page 2 of 10 a. A lump sum of $153,286.96, which amount represents compensation for first year life care expenses and pain and suffering, in the form of a check payable to [P]etitioner; b. A lump sum of $36,656.47,3 which amount represents reimbursement of a lien for services rendered on behalf of [P]etitioner, in the form of check payable jointly to [P]etitioner and the Illinois Department of Healthcare and Family Services: Illinois Department of Healthcare and Family Services 401 South Clinton Street Chicago, Illinois 60607 Case No: 93-236-0105044151 ATTN: Megan Gilmore Petitioner agrees to endorse this check to the Illinois Department of Healthcare and Family Services. c. An amount sufficient to purchase the annuity contract described in paragraph 10 [of Appendix A], paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”). These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. at 2. I approve 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.4 IT IS SO ORDERED. s/Herbrina D. Sanders Herbrina D. Sanders Special Master 3 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Illinois may have against any individual as a result of any Medicaid payments the Illinois Department of Healthcare and Family Services has made to or on behalf of Lisa Whitehead-Williams as a result of her alleged vaccine-related injury following the flu vaccine administered on or about October 16, 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 is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:18-vv-01600-UNJ Document 58 Filed 05/12/22 Page 3 of 10 Case 1:18-vv-01600-UNJ Document 58 Filed 05/12/22 Page 4 of 10 Case 1:18-vv-01600-UNJ Document 58 Filed 05/12/22 Page 5 of 10 Case 1:18-vv-01600-UNJ Document 58 Filed 05/12/22 Page 6 of 10 Case 1:18-vv-01600-UNJ Document 58 Filed 05/12/22 Page 7 of 10 Case 1:18-vv-01600-UNJ Document 58 Filed 05/12/22 Page 8 of 10 Case 1:18-vv-01600-UNJ Document 58 Filed 05/12/22 Page 9 of 10 Case 1:18-vv-01600-UNJ Document 58 Filed 05/12/22 Page 10 of 10