VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00192
Package ID: USCOURTS-cofc-1_19-vv-00192
Petitioner: Janell Ward
Filed: 2019-02-01
Decided: 2024-07-09
Vaccine: influenza
Vaccination date: 2016-11-01
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 245000

AI-assisted case summary:
Janell Ward filed a petition on February 1, 2019, alleging that she suffered transverse myelitis as a result of an influenza vaccine received on November 1, 2016. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused any of Petitioner's alleged injuries. On July 9, 2024, the parties filed a stipulation recommending an award of compensation to Petitioner. The stipulation stated that Petitioner would receive a lump sum of $245,000.00 as compensation for all damages. Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court, awarding the agreed-upon compensation. Judgment was to be entered in accordance with the terms of the stipulation. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Lauren Kells of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Janell Ward alleged that she suffered transverse myelitis following an influenza vaccine administered on November 1, 2016. The respondent denied causation. The parties reached a stipulation for compensation, agreeing to a lump sum award of $245,000.00 for all damages. The Special Master adopted the stipulation. The public decision does not specify the theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injury. The outcome was a compensated award of $245,000.00. The decision was based on a stipulation filed on July 9, 2024, and adopted by Special Master Nora Beth Dorsey. Petitioner's counsel was Ronald Craig Homer, and Respondent's counsel was Lauren Kells.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00192-0
Date issued/filed: 2024-08-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 7/9/2024) regarding 143 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made.
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Case 1:19-vv-00192-UNJ Document 147 Filed 08/06/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: July 9, 2024
* * * * * * * * * * * * * * * * * * *
JANELL WARD, * UNPUBLISHED
*
Petitioner, * No. 19-192V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation; Influenza
AND HUMAN SERVICES, * (“Flu”) Vaccine; Transverse Myelitis
* (“TM”).
Respondent. *
*
* * * * * * * * * * * * * * * * * * *
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION BASED ON STIPULATION1
On February 1, 2019, Janell Ward (“Petitioner”) filed a petition in the National Vaccine
Injury Program2 alleging that she suffered transverse myelitis (“TM”) as a result of an influenza
(“flu”) vaccine she received on November 1, 2016. Petition at 1 (ECF No. 1).
On July 9, 2024, the parties filed a stipulation recommending an award of compensation
to Petitioner. Stipulation (ECF No. 142). Respondent denies that the flu vaccine caused any of
Petitioner’s alleged injuries or any other injury or Petitioner’s current condition. Nevertheless,
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-00192-UNJ Document 147 Filed 08/06/24 Page 2 of 7
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:
(1) A lump sum of $245,000.00 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 B. Dorsey
Nora B. 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

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