VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01326 Package ID: USCOURTS-cofc-1_20-vv-01326 Petitioner: Daniel Mauro Filed: 2020-10-05 Decided: 2022-09-27 Vaccine: influenza Vaccination date: 2017-09-22 Condition: transverse myelitis Outcome: compensated Award amount USD: 45000 AI-assisted case summary: Daniel Mauro filed a petition for compensation on October 5, 2020, alleging that the influenza vaccine he received on September 22, 2017, caused him to suffer from transverse myelitis (TM). He further alleged that he experienced residual effects from this injury for more than six months. The Vaccine Injury Table lists influenza vaccine as a cause of TM. Respondent denied that the vaccine caused Mr. Mauro's condition or any other injury. Nevertheless, the parties reached a stipulation and agreed to a settlement. Special Master Christian J. Moran adopted the stipulation as the decision of the Court. The stipulation awarded Mr. Mauro $45,000.00 as compensation for all damages, to be paid in the form of a check payable to Mr. Mauro. Petitioner counsel was Bradley S. Freedberg. Respondent counsel was Madelyn E. Weeks. Theory of causation field: Petitioner Daniel Mauro alleged that the influenza vaccine administered on September 22, 2017, caused transverse myelitis (TM), with residual effects lasting more than six months. The Vaccine Injury Table lists influenza vaccine as a condition that can cause TM. Respondent denied causation. The parties reached a stipulation for settlement, which the Special Master adopted. The award was $45,000.00. Petitioner counsel was Bradley S. Freedberg; respondent counsel was Madelyn E. Weeks. Special Master Christian J. Moran issued the decision on September 27, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01326-0 Date issued/filed: 2022-10-14 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/27/2022) regarding 78 DECISION Stipulation/Proffer, Signed by Special Master Christian J. Moran. (cjaj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01326-UNJ Document 82 Filed 10/14/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * DANIEL MAURO, * * No. 20-1326V Petitioner, * Special Master Christian J. Moran * v. * Filed: September 27, 2022 * * SECRETARY OF HEALTH * Stipulation; influenza vaccine; AND HUMAN SERVICES, * transverse myelitis (“TM”) * * Respondent. * * * * * * * * * * * * * * * * * * * * * * Bradley S. Freedberg, Bradley S. Freedberg, P.C., Denver, CO, for Petitioner; Madelyn E. Weeks, United States Department of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On September 22, 2022, the parties filed a joint stipulation concerning the petition for compensation filed by Daniel Mauro on October 5, 2022. Petitioner alleges that the influenza vaccine he received on September 22, 2017, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer from transverse myelitis (“TM”). Petitioner further alleges that he suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. Respondent denies that the 1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:20-vv-01326-UNJ Document 82 Filed 10/14/22 Page 2 of 7 vaccine either caused petitioner to suffer from TM or any other injury or his current condition. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: a. A lump sum payment of $45,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 Case 1:20-vv-01326-UNJ Document 82 Filed 10/14/22 Page 3 of 7 Case 1:20-vv-01326-UNJ Document 82 Filed 10/14/22 Page 4 of 7 Case 1:20-vv-01326-UNJ Document 82 Filed 10/14/22 Page 5 of 7 Case 1:20-vv-01326-UNJ Document 82 Filed 10/14/22 Page 6 of 7 Case 1:20-vv-01326-UNJ Document 82 Filed 10/14/22 Page 7 of 7