VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00067 Package ID: USCOURTS-cofc-1_20-vv-00067 Petitioner: Karla Knox Filed: 2021-12-28 Decided: 2022-02-18 Vaccine: influenza Vaccination date: 2018-03-13 Condition: transverse myelitis Outcome: compensated Award amount USD: 97927 AI-assisted case summary: Karla Knox filed a petition under the National Vaccine Injury Compensation Program on December 28, 2021, alleging that she suffered from transverse myelitis (TM) as a result of an influenza vaccine received on March 13, 2018. The respondent denied that the flu vaccine caused Petitioner to develop TM or any other injury. Despite these positions, both parties agreed to settle the case through a joint stipulation filed on December 28, 2021. Special Master Katherine E. Oler reviewed the file and found the stipulation to be reasonable, adopting it as the court's decision. The stipulation awarded Petitioner a lump sum of $97,927.38, payable by check to Petitioner. This award represents compensation for all damages available under the program, specifically referencing 42 U.S.C. § 300aa-15(a). The Special Master approved the award and directed that judgment be entered. Ronald Homer of Conway Homer, P.C. represented the Petitioner, and Lynn Schlie of the U.S. Department of Justice represented the Respondent. The decision was issued on February 18, 2022. Theory of causation field: Petitioner Karla Knox alleged that she suffered from transverse myelitis (TM) as a result of an influenza vaccine received on March 13, 2018. Respondent denied that the flu vaccine caused Petitioner's TM or any other injury. The parties reached a settlement via joint stipulation, agreeing to award Petitioner $97,927.38. The public decision does not detail the specific theory of causation, medical experts, clinical findings, or the mechanism by which the vaccine allegedly caused the injury. The award represents compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was made by Special Master Katherine E. Oler on February 18, 2022, based on the stipulation. Petitioner was represented by Ronald Homer, and Respondent by Lynn Schlie. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00067-0 Date issued/filed: 2022-02-18 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/28/2021) regarding 40 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00067-UNJ Document 44 Filed 02/18/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-67V (not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * KARLA KNOX, * * Filed: December 28, 2021 Petitioner, * * * v. * Decision by Stipulation; Damages; * Influenza (“Flu”) Vaccine; Transverse SECRETARY OF HEALTH AND * Myelitis (“TM”). HUMAN SERVICES, * * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * Ronald Homer, Conway Homer, P.C., Boston, MA, for Petitioner Lynn Schlie, U.S. Department of Justice, Washington, DC, for Respondent DECISION ON JOINT STIPULATION1 On January 22, 2020, Karla Knox (“Petitioner”) filed a petition, seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF No. 1. Petitioner alleges she suffered from transverse myelitis (“TM”) as a result of the influenza (“flu”) vaccination she received on March 13, 2018. See Stipulation ¶ 2, 4, dated December 28, 2021 (ECF No. 39); see also Petition. Respondent denies “that Petitioner developed TM following the flu vaccination and further 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 1:20-vv-00067-UNJ Document 44 Filed 02/18/22 Page 2 of 7 denies that the flu vaccine caused petitioner to suffer TM or any other injury or petitioner’s current condition.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation filed December 28, 2021 that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. 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 $97,927.38 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. Case 1:20-vv-00067-UNJ Document 44 Filed 02/18/22 Page 3 of 7 Case 1:20-vv-00067-UNJ Document 44 Filed 02/18/22 Page 4 of 7 Case 1:20-vv-00067-UNJ Document 44 Filed 02/18/22 Page 5 of 7 Case 1:20-vv-00067-UNJ Document 44 Filed 02/18/22 Page 6 of 7 Case 1:20-vv-00067-UNJ Document 44 Filed 02/18/22 Page 7 of 7