VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01450
Package ID: USCOURTS-cofc-1_19-vv-01450
Petitioner: Katherine Krietor
Filed: 2019-09-20
Decided: 2022-09-15
Vaccine: influenza
Vaccination date: 2016-10-13
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
Katherine Krietor filed a petition for compensation under the National Vaccine Injury Compensation Program on September 20, 2019. Petitioner alleged that she developed transverse myelitis after receiving an influenza vaccine on October 13, 2016. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused petitioner's injury. The parties, represented by counsel Andrew Downing for the petitioner and Lynn Schlie for the respondent, reached a joint stipulation to settle the case. The stipulation, filed on September 15, 2022, stated that the influenza vaccine is listed on the Vaccine Injury Table and that Ms. Krietor suffered residual effects from her alleged injury for more than six months. As part of the settlement, the respondent agreed to pay Ms. Krietor a lump sum of $65,000.00, payable to her, as compensation for all damages. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded the compensation. The decision was issued on September 15, 2022.

Theory of causation field:
Petitioner Katherine Krietor received an influenza vaccine on October 13, 2016, and alleged that it caused transverse myelitis. The respondent denied causation. The parties stipulated to a settlement, acknowledging that the influenza vaccine is on the Vaccine Injury Table and that petitioner suffered residual effects for more than six months. The public decision does not describe the specific medical experts, clinical details of the injury onset or progression, diagnostic tests, treatments, or the precise mechanism of causation. The case was resolved via joint stipulation, with the Special Master adopting the terms of the settlement. Petitioner was awarded $65,000.00 in a lump sum. Special Master Mindy Michaels Roth issued the decision on September 15, 2022. Petitioner's counsel was Andrew Downing, and respondent's counsel was Lynn Schlie.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01450-0
Date issued/filed: 2022-10-11
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 9/15/2022) regarding 60 Stipulation DECISION of Special Master. Signed by Special Master Mindy Michaels Roth. (dkj) Service on parties made.
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Case 1:19-vv-01450-UNJ Document 66 Filed 10/11/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1450V
Filed: September 15, 2022
* * * * * * * * * * * * *
KATHERINE KRIETOR, * UNPUBLISHED
*
Petitioner, * Decision on Joint Stipulation;
* Transverse Myelitis;
v. * Influenza (“flu”) Vaccine.
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Andrew Downing, Esq., Downing, Allison & Jorgenson, Phoenix, AZ, for petitioner.
Lynn Schlie, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On September 20, 2019, Katherine Krietor [“Ms. Krietor or “petitioner”] filed a petition
for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges
that she developed transverse myelitis after receiving the influenza (“flu”) vaccine on October 13,
2016. Stipulation, filed September 15, 2022, at ¶¶ 1-4. Respondent denies that the aforementioned
immunization caused petitioner’s injury. Stipulation at ¶ 6.
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision
will be available to anyone with access to the internet. 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 whole Decision will be available to the public. Id.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).
1

Case 1:19-vv-01450-UNJ Document 66 Filed 10/11/22 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. On September 15, 2022, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
A lump sum of $65,000.00 in the form of a check payable to petitioner, Katherine
Krietor. This amount represents compensation for all damages that would be available
under § 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 is directed to enter judgment in accordance
with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

Case 1:19-vv-01450-UNJ Document 66 Filed 10/11/22 Page 3 of 7
IN THE UNITED STA T ES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
KATHERINE KRIETOR, )
)
Petitioner, )
) No. 19-1450V
v. ) Special Master Roth
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
I. Katherine Krietor, petitioner, filed a petition for vaccine compensation under the
N ationat Vaccine Injury Compensation Program, 42 U .S.C. § § 300aa-IO to -34 (the '"Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of an influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3 (a).
2. Petitioner received the flu vaccine on October 13, 2016.
3. The vaccination was administered within the United States.
4. Petitioner alleges that the flu vaccine caused her to develop transverse myelitis, and
that she suffered the residual effects of her alleged injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages arising out of the alleged vaccine injury.
6. Respondent denies that the flu vaccine caused petitioner to suffer transverse myelitis,
and further denies that the vaccine caused her to suffer any other injury or her current condition.

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