VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00093
Package ID: USCOURTS-cofc-1_19-vv-00093
Petitioner: Daniel Ferrari
Filed: 2019-01-17
Decided: 2024-01-30
Vaccine: influenza
Vaccination date: 2016-09-30
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 389451

AI-assisted case summary:
Daniel Ferrari filed a petition alleging that an influenza vaccine administered on September 30, 2016, caused him to suffer transverse myelitis. The petition was filed on January 17, 2019. Respondent denied that the flu vaccine caused Mr. Ferrari's condition. However, the parties reached a stipulation recommending an award of compensation. The stipulation was approved by the Special Master on January 30, 2024. Under the terms of the stipulation, Mr. Ferrari is to receive a lump sum of $389,451.44, which includes compensation for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses. Additionally, an amount sufficient to purchase an annuity contract will be paid to a life insurance company. This award represents compensation for all damages available under the National Vaccine Injury Compensation Program. The parties agreed to waive their right to seek review, expediting the entry of judgment.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00093-0
Date issued/filed: 2024-01-30
Pages: 10
Docket text: PUBLIC DECISION (Originally filed: 1/5/2024) regarding 137 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (kis) Service on parties made.
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Case 1:19-vv-00093-UNJ Document 141 Filed 01/30/24 Page 1 of 10
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: January 5, 2024
* * * * * * * * * * * * * * *
DANIEL FERRARI, *
*
Petitioner, * No. 19-93V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation; Influenza
AND HUMAN SERVICES, * (“Flu”) Vaccine; Transverse Myelitis
* (“TM”).
Respondent. *
*
* * * * * * * * * * * * * * *
Anne Carrion Toale, Maglio Christopher and Toale, Sarasota, FL, for Petitioner.
Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION BASED ON STIPULATION1
On January 17, 2019, Daniel Ferrari (“Petitioner”) filed a petition in the National Vaccine
Injury Program2 alleging that as a result of an influenza (“flu”) vaccination administered on
September 30, 2016, he suffered transverse myelitis (“TM”). Petition at 1, 5 (ECF No. 1).
On January 5, 2024, the parties filed a stipulation recommending an award of
compensation to Petitioner. Stipulation (ECF No. 136). Respondent denies that the flu vaccine
caused Petitioner to suffer TM or any other injury or his current condition. Nevertheless, the
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 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, 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-10 to -34 (2018) (“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.
1

Case 1:19-vv-00093-UNJ Document 141 Filed 01/30/24 Page 2 of 10
parties agree to the joint stipulation, attached hereto as Appendix A.3 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) A lump sum of $389,451.44, which amount represents compensation for
first year life care expenses ($89,451.44), and combined lost earnings,
pain and suffering, and past unreimbursable expenses ($300,000.00), in
the form of a check payable to Petitioner; and
b) An amount sufficient to purchase the annuity contract described in
paragraph 10 of the Stipulation, paid to the life insurance company from
which the annuity will be purchased (the “Life Insurance Company”).
Stipulation at ¶ 8. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
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.4
IT IS SO ORDERED.
s/Nora B. Dorsey
Nora B. Dorsey
Special Master
3 The attached stipulation omits the nintex AssureSign Document Completion Report to avoid
unnecessary disclosure of Petitioner’s personal information.
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

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