VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00797
Package ID: USCOURTS-cofc-1_19-vv-00797
Petitioner: Cynthia Paul
Filed: 2019-05-31
Decided: 2022-03-15
Vaccine: influenza
Vaccination date: 2016-12-20
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Cynthia Paul filed a petition on May 31, 2019, alleging that the influenza vaccine she received on December 20, 2016, caused her to develop transverse myelitis (TM). She further alleged that she experienced residual effects from the injury for more than six months. The parties, Petitioner Cynthia Paul and the Secretary of Health and Human Services, filed a stipulation for award on March 15, 2022. In the stipulation, Respondent denied that the flu vaccine caused or significantly aggravated Petitioner's TM or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Nevertheless, the parties agreed to a joint stipulation for compensation. The court adopted the stipulation as the decision of the Court. Petitioner was awarded a lump sum of $50,000.00 as compensation for all damages available under the National Vaccine Injury Compensation Program. The parties agreed to expedite the entry of judgment by waiving the right to seek review.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00797-0
Date issued/filed: 2022-03-30
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/15/2022) regarding 46 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (arm) Service on parties made.
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Case 1:19-vv-00797-UNJ Document 47 Filed 03/30/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: March 15, 2022
* * * * * * * * * * * * * * * * * * * * * * * * *
CYNTHIA PAUL, * No. 19-797V
*
Petitioner, * Special Master Sanders
v. *
* Stipulation for Award; Influenza
SECRETARY OF HEALTH * (“Flu”) Vaccine; Transverse
AND HUMAN SERVICES, * Myelitis (“TM”)
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Anne Carrion Toale, Maglio Christopher and Toale, Sarasota, FL, for Petitioner.
Debra A. Filteau Begley, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On May 31, 2019, Cynthia Paul (“Petitioner”) filed a petition for compensation pursuant
to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2012); Pet.
at 1, ECF No. 1. Petitioner alleged that the influenza (“flu”) vaccine she received on December
20, 2016, caused her to develop transverse myelitis (“TM”). Id. at 1, 6. Petitioner further alleged
that she experienced the residual effects of her injury for more than six months. Id. at 9.
On March 14, 2022, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation to Petitioner. Stip. at 2, ECF No. 45. Respondent “denies that
[P]etitioner’s flu vaccine cause or significantly aggravated her alleged TM, or any other injury[.]”
Id. Respondent further “denies that her current condition is a sequelae of a vaccine-related injury.”
Id. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. I find
the stipulation reasonable and adopt 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 This Decision shall be posted on the website of the United States Court of Federal Claims, in accordance
with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2012)). This means the Decision will be available to anyone with access to
the Internet. As provided by Vaccine Rule 18(b), each party has 14 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).
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.

Case 1:19-vv-00797-UNJ Document 47 Filed 03/30/22 Page 2 of 7
A lump sum of $50,000.00 in the form of a check payable to [P]etitioner.
This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
Id.
I approve 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/Herbrina D. Sanders
Herbrina D. Sanders
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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