VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01889
Package ID: USCOURTS-cofc-1_19-vv-01889
Petitioner: Chandler Nitzke
Filed: 2022-01-12
Decided: 2022-03-14
Vaccine: influenza
Vaccination date: 2018-10-23
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 32500

AI-assisted case summary:
Chandler Nitzke filed a petition on January 12, 2022, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered from transverse myelitis (TM) as a result of the influenza vaccine he received on October 23, 2018. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Nitzke's TM or any other injury. Despite maintaining their positions, both parties agreed to settle the case. They entered into a stipulation on January 10, 2022, agreeing that a decision should be entered awarding Mr. Nitzke compensation. The Special Master reviewed the file and found the stipulation to be reasonable, adopting it as the decision. The stipulation awarded Mr. Nitzke a lump sum of $32,500.00, representing compensation for all damages available under the program. The Special Master approved this award, and judgment was to be entered accordingly.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01889-0
Date issued/filed: 2022-03-14
Pages: 7
Docket text: PUBLIC RULING (Originally filed: 1/12/2022) regarding 36 DECISION: Stipulation. Signed by Special Master Katherine E. Oler. (nvb) Service on parties made.
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Case 1:19-vv-01889-UNJ Document 42 Filed 03/14/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1889V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * *
*
*
CHANDLER NITZKE,
*
* Filed: January 12, 2022
Petitioner, *
*
*
v. * Decision by Stipulation; Damages;
* Influenza (“flu”) Vaccine; Transverse
SECRETARY OF HEALTH AND * Myelitis (“TM”).
HUMAN SERVICES, *
*
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * *
Glen H. Sturtevant, Jr., Rawls Law Group, Richmond, VA., for Petitioner
Lara A. Englund, U.S. Department of Justice, Washington, DC, for Respondent
DECISION ON JOINT STIPULATION1
On December 13, 2019, Chandler Nitzke (“Petitioner”) filed a petition seeking
compensation under the National Vaccine Injury Compensation Program (“the Vaccine
Program”).2 Pet., ECF No. 1. Petitioner alleges that he suffered from transverse myelitis (“TM”)
as a result of the influenza (“flu”) vaccine he received on October 23, 2018. See Stipulation ¶ 2, 4,
dated January 10, 2022 (ECF No. 35); see also Petition.
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-01889-UNJ Document 42 Filed 03/14/22 Page 2 of 7
Respondent denies “that the flu vaccine caused Petitioner to suffer TM, or any other injury
or his current condition.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their
above-stated positions, agreed in a stipulation dated January 10, 2022 that the issues before them
can be settled and that a decision should be entered awarding Petitioner compensation. ECF No.
35.
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 $32,500.00 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/ Katherine E. Oler
Katherine E. Oler
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.

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