VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00670 Package ID: USCOURTS-cofc-1_19-vv-00670 Petitioner: Tara Blaise Filed: 2019-05-06 Decided: 2024-10-07 Vaccine: influenza Vaccination date: 2018-09-21 Condition: possible transverse myelitis Outcome: compensated Award amount USD: 100000 AI-assisted case summary: Tara Blaise filed a petition on May 6, 2019, seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that she suffered from non-Table injuries, including possible transverse myelitis, as a result of an influenza vaccination received on September 21, 2018. The respondent denied that the vaccine caused Petitioner's alleged injuries or that her current condition is a sequela of a vaccine-related injury. Despite maintaining their respective positions, both parties agreed to settle the issues and award Petitioner compensation. They submitted a joint stipulation, which Special Master Jennifer A. Shah reviewed and adopted as the decision. The stipulation awarded Tara Blaise a lump sum of $100,000.00, representing compensation for all damages available under the program. The Special Master approved the award and directed that judgment be entered. Petitioner was represented by Anne Toale of Maglio Christopher & Toale, P.A., and Respondent was represented by James Lopez of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific clinical findings, diagnostic tests, treatments, or expert witnesses. Theory of causation field: Petitioner Tara Blaise alleged non-Table injuries, including possible transverse myelitis, following an influenza vaccination on September 21, 2018. Respondent denied causation. The parties reached a settlement via joint stipulation, which was adopted by Special Master Jennifer A. Shah. The stipulation awarded Petitioner a lump sum of $100,000.00 for all damages. Petitioner was represented by Anne Toale, and Respondent by James Lopez. The public text does not specify the medical mechanism or expert testimony relied upon for the stipulation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00670-1 Date issued/filed: 2024-10-07 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 9/5/2024) regarding 113 DECISION of Special Master - Stipulation. Signed by Special Master Jennifer A. Shah. (sl) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00670-UNJ Document 117 Filed 10/07/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-670V Filed: September 5, 2024 * * * * * * * * * * * * * * * * * * * * * * * * * * * * TARA BLAISE, * * Petitioner, * * * v. * * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * Anne Toale, Maglio Christopher & Toale, P.A., Sarasota, FL, for Petitioner James Lopez, U.S. Department of Justice, Washington, DC, for Respondent DECISION ON JOINT STIPULATION1 On May 6, 2019, Tara Blaise (“Petitioner”) filed a petition, seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF No. 1. Petitioner alleges she suffered from non-Table injuries, including possible transverse myelitis (“TM”), as a result of the influenza (“flu”) vaccination she received on September 21, 2018. See Stipulation ¶ 2, 4, dated September 3, 2024 (ECF No. 112); see also Pet. Respondent denies “that the vaccine caused petitioner’s alleged injuries, or any other 1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Otherwise, the Decision in its present form will be available. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter “Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the pertinent subparagraph of 42 U.S.C. § 300aa. Case 1:19-vv-00670-UNJ Document 117 Filed 10/07/24 Page 2 of 7 injury; and denies that her current condition is a sequela of a vaccine-related injury.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed, in a stipulation filed September 3, 2024, that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: a lump sum of $100,000.00 in the form of a check payable to Petitioner. Stipulation ¶ 8. This award represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court is directed to enter judgment herewith.3 IT IS SO ORDERED. s/ Jennifer A. Shah Jennifer A. Shah Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review. 2 Case 1:19-vv-00670-UNJ Document 117 Filed 10/07/24 Page 3 of 7 Case 1:19-vv-00670-UNJ Document 117 Filed 10/07/24 Page 4 of 7 Case 1:19-vv-00670-UNJ Document 117 Filed 10/07/24 Page 5 of 7 Case 1:19-vv-00670-UNJ Document 117 Filed 10/07/24 Page 6 of 7 Case 1:19-vv-00670-UNJ Document 117 Filed 10/07/24 Page 7 of 7