VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00950
Package ID: USCOURTS-cofc-1_20-vv-00950
Petitioner: Wendy M. Meichtry
Filed: 2020-08-03
Decided: 2023-01-31
Vaccine: influenza
Vaccination date: 2018-11-03
Condition: diffused neuritis, right upper limb paresthesia, and easy fatigability
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
Wendy M. Meichtry filed a petition alleging that the influenza vaccine she received on November 3, 2018, caused her to develop diffused neuritis, right upper limb paresthesia, and easy fatigability, with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that Ms. Meichtry sustained these injuries or that the vaccine caused them. Despite these denials, the parties filed a joint stipulation for an award of compensation. The stipulation stated that Ms. Meichtry would receive a lump sum of $90,000.00, representing compensation for all damages available under the National Vaccine Injury Compensation Program. The Special Master found the stipulation reasonable and adopted it as the decision of the court, ordering that judgment be entered accordingly. The case was resolved via stipulation, with no specific theory of causation or time to onset being detailed in the decision.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00950-0
Date issued/filed: 2023-02-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/31/2023) regarding 49 DECISION - Stipulation. Signed by Special Master Herbrina Sanders. (arm) Service on parties made.
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Case 1:20-vv-00950-UNJ Document 55 Filed 02/15/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: January 31, 2023
* * * * * * * * * * * * * * * * * * * * * * * * *
WENDY M. MEICHTRY, * No. 20-950V
*
Petitioner, * Special Master Sanders
v. *
* Stipulation for Award; Influenza
SECRETARY OF HEALTH * (“Flu”) Vaccine; Diffused Neuritis;
AND HUMAN SERVICES, * Upper Limb Paresthesia; Easy
* Fatigability
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Steven H. Jesser, Steven H. Jesser, Attorney at Law, PC, Glenview, IL, for Petitioner.
Katherine Esposito, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On August 3, 2020, Wendy M. Meichtry (“Petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34
(2012); Pet. at 1, ECF No. 1. Petitioner alleged that the influenza (“flu”) vaccine she received on
November 3, 2018, caused her to develop diffused neuritis, right upper limb paresthesia, and easy
fatigability. See id.; see also Stip. at 1, ECF No. 48. Petitioner further alleged that she experienced
the residual effects of her injury for more than six months. Stip. at 1.
On January 31, 2023, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation to Petitioner. Id. at 2. Respondent “denies that [P]etitioner
sustained diffused neuritis, right upper limb paresthesia, and easy fatigability[.]” Id. Respondent
further denies “that the flu vaccine caused [P]etitioner’s alleged injuries, or any other injury; and
denies that her current condition is a sequelae of a vaccine-related injury.” Id. Nevertheless, the
parties agree to the joint stipulation, attached hereto as Appendix A. Id. I find the stipulation
reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth
therein.
The parties stipulate that Petitioner shall receive the following compensation:
1 This Decision shall be posted on the website of the United States Court of Federal Claims, in accordance
with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2012)). This means the Decision will be available to anyone with access to
the Internet. As provided by Vaccine Rule 18(b), each party has 14 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).
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.

Case 1:20-vv-00950-UNJ Document 55 Filed 02/15/23 Page 2 of 7
A lump sum of $90,000.00 in the form of a check payable to [P]etitioner.
This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a)[.]
Id.
I approve the requested amount for Petitioner’s compensation. Accordingly, an award
should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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