VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01359 Package ID: USCOURTS-cofc-1_19-vv-01359 Petitioner: Tamara A. Walker Filed: 2019-09-06 Decided: 2022-02-08 Vaccine: influenza Vaccination date: 2017-10-12 Condition: transverse myelitis Outcome: compensated Award amount USD: 40000 AI-assisted case summary: Tamara A. Walker filed a petition on September 6, 2019, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that on October 12, 2017, she received an influenza vaccine and subsequently suffered from transverse myelitis. The respondent, the Secretary of Health and Human Services, denied that Ms. Walker sustained transverse myelitis or that the flu vaccine caused her condition. Despite these opposing positions, the parties reached a stipulation for settlement. The stipulation provided for a lump sum payment of $40,000.00 to the petitioner as compensation for all damages. Special Master Thomas L. Gowen entered judgment in accordance with the stipulation on February 8, 2022. The decision was unpublished and posted on the court's website on March 9, 2022, after a 14-day period for redaction requests. Petitioner was represented by Nancy R. Meyers of Turning Point Litigation, and respondent was represented by Julia M. Collison of the U.S. Department of Justice. Theory of causation field: Petitioner Tamara A. Walker alleged that an influenza vaccine administered on October 12, 2017, caused her to suffer from transverse myelitis. The respondent denied this allegation. The parties reached a stipulation for settlement, agreeing to an award of $40,000.00. The public decision does not describe the specific theory of causation, medical experts, clinical details of the alleged injury, or the mechanism of injury. The case was decided by Special Master Thomas L. Gowen on February 8, 2022, based on the stipulation. Petitioner's counsel was Nancy R. Meyers, and respondent's counsel was Julia M. Collison. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01359-0 Date issued/filed: 2022-03-09 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/08/2022) regarding 42 DECISION Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01359-UNJ Document 46 Filed 03/09/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: February 8, 2022 * * * * * * * * * * * * * TAMARA A. WALKER, * UNPUBLISHED * Petitioner, * No. 19-1359V * v. * Special Master Gowen * SECRETARY OF HEALTH * Decision on Stipulation; Influenza AND HUMAN SERVICES, * (“flu”); Transverse myelitis. * Respondent. * * * * * * * * * * * * * * Nancy R. Meyers, Turning Point Litigation, Greensboro, N.C., for petitioner. Julia M. Collison, U.S. Dept. of Justice, Washington, D.C., for respondent. DECISION ON STIPULATION1 On September 6, 2019, Tamara A. Walker (“petitioner”), filed a petition for compensation under the National Vaccine Injury Program.2 Petition (ECF No. 1). Petitioner alleges that a result of receiving the influenza (“flu”) vaccine on October 12, 2017, she suffered from transverse myelitis. Id. at Preamble. On February 8, 2022, respondent file a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation (ECF No. 41). Respondent denies that petitioner sustained a transverse myelitis and denies that the flu vaccine is the cause of petitioner’s transverse myelitis or any other injury or his current condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties now agree that the issues 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-01359-UNJ Document 46 Filed 03/09/22 Page 2 of 7 between them shall be settled and that a decision should be entered awarding compensation to the petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation provides: A) A lump sum of $40,000.00 in the form of a check payable to petitioner. This lump sum represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. at ¶ 8. Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the stipulation and this decision.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:19-vv-01359-UNJ Document 46 Filed 03/09/22 Page 3 of 7 Case 1:19-vv-01359-UNJ Document 46 Filed 03/09/22 Page 4 of 7 Case 1:19-vv-01359-UNJ Document 46 Filed 03/09/22 Page 5 of 7 Case 1:19-vv-01359-UNJ Document 46 Filed 03/09/22 Page 6 of 7 Case 1:19-vv-01359-UNJ Document 46 Filed 03/09/22 Page 7 of 7