VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00554 Package ID: USCOURTS-cofc-1_19-vv-00554 Petitioner: Bradley R. Wilson Filed: 2019-04-15 Decided: 2020-09-18 Vaccine: influenza Vaccination date: 2018-09-27 Condition: transverse myelitis Outcome: compensated Award amount USD: 57500 AI-assisted case summary: On April 15, 2019, Bradley R. Wilson filed a petition for compensation under the National Vaccine Injury Program. Mr. Wilson alleged that he suffered transverse myelitis as a result of receiving an influenza vaccination on September 27, 2018. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged injury. The parties, represented by counsel Hsien C. Chang for the petitioner and Mary E. Holmes for the respondent, filed a stipulation on September 18, 2020. In the stipulation, the parties agreed that a decision should be entered awarding compensation to Mr. Wilson. The stipulation awarded a lump sum of $57,500.00 to compensate for all damages. Special Master Thomas L. Gowen adopted the stipulation and awarded compensation in that amount, ordering judgment to be entered accordingly. The case was resolved via stipulation, with the respondent not admitting causation but agreeing to compensation. Theory of causation field: Petitioner Bradley R. Wilson received an influenza vaccination on September 27, 2018, and subsequently alleged suffering from transverse myelitis. The respondent denied causation. The parties resolved the case via stipulation, agreeing to an award of $57,500.00 for all damages. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, or treatments. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00554-0 Date issued/filed: 2020-10-13 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/18/20) regarding 26 DECISION Stipulation/Proffer. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00554-UNJ Document 33 Filed 10/13/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: September 18, 2020 * * * * * * * * * * * * * * * * * * * BRADLEY R. WILSON, * UNPUBLISHED * * No. 19-554V Petitioner, * v. * Special Master Gowen * SECRETARY OF HEALTH * Decision on Stipulation; AND HUMAN SERVICES * Influenza (“flu”); Transverse * myelitis. Respondent. * * * * * * * * * * * * * * * * * * * * Hsien C. Chang, McGehee, Chang, Barnes, Landgraf, Houston, TX, for petitioner, Mary E. Holmes, U.S. Dept. of Justice, Washington, D.C., for respondent. DECISION ON STIPULATION1 On April 15, 2019, Bradley R. Wilson (“petitioner”) filed a petition for compensation under the National Vaccine Injury Program.2 Petition (ECF No. 1). Petitioner received an influenza (“flu”) vaccination on September 27, 2018. Id. at ¶ 2; Stipulation at ¶ 2 (ECF No. 25). Petitioner alleged that as a result of receiving the flu vaccination, he suffered transverse myelitis. Stipulation at ¶ 4. On September 18, 2020, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation at ¶ 7. Respondent denies that petitioner’s alleged injury was caused by the flu vaccine. Id. at ¶ 6. Maintaining their respective 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. 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.A. § 300aa. Case 1:19-vv-00554-UNJ Document 33 Filed 10/13/20 Page 2 of 7 positions, the parties nevertheless now agree that the issues between them shall be settled and a decision should be entered awarding compensation to petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation awards: 1) A lump sum of $57,500.00 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). 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 SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expediated by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:19-vv-00554-UNJ Document 33 Filed 10/13/20 Page 3 of 7 Case 1:19-vv-00554-UNJ Document 33 Filed 10/13/20 Page 4 of 7 Case 1:19-vv-00554-UNJ Document 33 Filed 10/13/20 Page 5 of 7 Case 1:19-vv-00554-UNJ Document 33 Filed 10/13/20 Page 6 of 7 Case 1:19-vv-00554-UNJ Document 33 Filed 10/13/20 Page 7 of 7