VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01716 Package ID: USCOURTS-cofc-1_18-vv-01716 Petitioner: Rita Anderson Filed: 2018-11-06 Decided: 2020-10-22 Vaccine: influenza Vaccination date: 2015-11-10 Condition: allergic skin reaction and autoimmune disorder Outcome: compensated Award amount USD: 12000 AI-assisted case summary: Rita Anderson filed a petition on November 6, 2018, alleging that an influenza vaccine administered on November 10, 2015, caused her to suffer an allergic skin reaction and autoimmune disorder. The respondent denied that the vaccine caused the alleged injuries or that the current disabilities were sequelae of a vaccine-related injury. The parties subsequently filed a stipulation recommending an award of compensation. Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Rita Anderson was awarded a lump sum of $12,000.00, payable to her, representing compensation for all damages available under the Vaccine Act. The decision was based on this stipulation. Petitioner was represented by Howard S. Gold, and respondent was represented by Colleen C. Hartley. The decision was issued on October 22, 2020. Theory of causation field: Petitioner Rita Anderson alleged that an influenza vaccine administered on November 10, 2015, caused an allergic skin reaction and autoimmune disorder. Respondent denied causation. The parties filed a stipulation recommending compensation, which was adopted by Special Master Nora Beth Dorsey. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed medical evidence supporting the alleged causation. Petitioner was awarded $12,000.00 as a lump sum. The decision date was October 22, 2020. Petitioner's counsel was Howard S. Gold, and respondent's counsel was Colleen C. Hartley. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01716-0 Date issued/filed: 2020-11-30 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 10/22/2020) regarding 49 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (Attachments: # (1) Appendix A)(mca) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01716-UNJ Document 53 Filed 11/30/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: October 22, 2020 * * * * * * * * * * * * * * * RITA ANDERSON, * UNPUBLISHED * Petitioner, * No. 18-1716V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine; Allergic * Reaction; Autoimmune Disorder. Respondent. * * * * * * * * * * * * * * * * * Howard S. Gold, Gold Law Firm, LLC, Wellesley Hills, MA, for petitioner. Colleen C. Hartley, U.S. Department of Justice, Washington, DC, for respondent. DECISION BASED ON STIPULATION1 On November 6, 2018, Rita Anderson (“petitioner”) filed a petition in the National Vaccine Injury Compensation Program.2 Petitioner alleged that as a result of an influenza (“flu”) vaccine administered to her on November 10, 2015, petitioner suffered from an allergic skin reaction and autoimmune disorder. Petition at Preamble (ECF No. 1). On October 22, 2020, the parties filed a stipulation recommending an award of compensation to petitioner. Stipulation (ECF No. 48). Respondent denies that the flu vaccine caused petitioner to suffer an allergic reaction and autoimmune disorder, or any other injury, and 1 Because this Decision contains a reasoned explanation for the action in this case, the undersigned is required to post it on the United States Court of Federal Claims’ website in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (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, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. 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. § 300aa. Case 1:18-vv-01716-UNJ Document 53 Filed 11/30/20 Page 2 of 2 denies that her alleged current disabilities are sequela of a vaccine-related injury. Id. at ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts 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: A lump sum of $12,000.00 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). Stipulation at ¶ 8. The undersigned approves 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.3 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Special Master 3 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