VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-02001 Package ID: USCOURTS-cofc-1_19-vv-02001 Petitioner: William Gadd Filed: 2019-12-30 Decided: 2021-08-23 Vaccine: influenza Vaccination date: 2017-10-06 Condition: transverse myelitis Outcome: compensated Award amount USD: 75000 AI-assisted case summary: William Gadd filed a petition for compensation under the National Vaccine Injury Compensation Program on December 30, 2019. Mr. Gadd alleged that he suffered from transverse myelitis (TM) after receiving an influenza vaccine on October 6, 2017. The respondent denied that the immunization caused Mr. Gadd's injury. The parties subsequently filed a joint stipulation to settle the case. As part of the settlement, the respondent agreed to issue a lump sum payment of $75,000.00, payable to William Gadd, as compensation for all available damages. Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation in the agreed-upon amount. The public decision does not describe the specific onset of symptoms, clinical details, or any expert testimony presented. The attorneys involved were Jeffrey S. Pop, Esq., for the petitioner, and Ronalda E. Kosh, Esq., for the respondent. Theory of causation field: Petitioner William Gadd alleged transverse myelitis (TM) following an influenza vaccine administered on October 6, 2017. Respondent denied causation. The parties reached a settlement via joint stipulation, agreeing to a lump sum payment of $75,000.00 for all damages. Special Master Mindy Michaels Roth adopted the stipulation on August 23, 2021. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Petitioner's counsel was Jeffrey S. Pop, Esq., and respondent's counsel was Ronalda E. Kosh, Esq. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-02001-0 Date issued/filed: 2021-08-23 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 7/28/2021) regarding 27 DECISION Stipulation. Signed by Special Master Mindy Michaels Roth. (ec) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-02001-UNJ Document 31 Filed 08/23/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No.19-2001V Filed: July 28, 2021 * * * * * * * * * * * * * WILLIAM GADD, * UNPUBLISHED * Petitioner, * Decision on Joint Stipulation; * Transverse Myelitis (“TM”); v. * Influenza (“Flu”) Vaccine. * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Jeffrey S. Pop, Esq., Jeffery S. Pop & Associates, Beverly Hills, CA, for petitioner. Ronalda E. Kosh, Esq., US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On December 30, 2019, William Gadd [“Mr. Gadd” or “petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that he suffered from transverse myelitis (“TM”) after receiving an influenza (“flu”) vaccine on October 6, 2017. Stipulation filed July 28, 2021, at ¶¶ 1-4. Respondent denies that the 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’ 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-02001-UNJ Document 31 Filed 08/23/21 Page 2 of 7 Nevertheless, the parties have agreed to settle the case. On July 28, 2021, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to issue the following payments: A lump sum of $75,000.00 in the form of a check payable to petitioner, William Gadd. 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-02001-UNJ Document 31 Filed 08/23/21 Page 3 of 7 Case 1:19-vv-02001-UNJ Document 31 Filed 08/23/21 Page 4 of 7 Case 1:19-vv-02001-UNJ Document 31 Filed 08/23/21 Page 5 of 7 Case 1:19-vv-02001-UNJ Document 31 Filed 08/23/21 Page 6 of 7 Case 1:19-vv-02001-UNJ Document 31 Filed 08/23/21 Page 7 of 7