VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00938
Package ID: USCOURTS-cofc-1_21-vv-00938
Petitioner: Robert Willis
Filed: 2021-02-17
Decided: 2022-11-15
Vaccine: influenza
Vaccination date: 2019-10-07
Condition: Transverse Myelitis
Outcome: compensated
Award amount USD: 30000

AI-assisted case summary:
Robert Willis filed a petition for compensation under the National Vaccine Injury Compensation Program on February 17, 2021. He alleged that he suffered Transverse Myelitis (TM) as a result of an influenza vaccination he received on October 7, 2019. Mr. Willis further alleged that he experienced residual effects of the condition for more than six months, that no civil action for damages had been filed, and that the vaccine was administered in the United States. The respondent, the Secretary of Health and Human Services, denied that Mr. Willis suffered from TM as a result of the flu immunization or that the vaccine caused him any other injury or his current condition. Despite the respondent's denial, the parties filed a joint stipulation for damages on October 20, 2022. Special Master Daniel T. Horner reviewed the stipulation and found it to be reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Mr. Willis was awarded a lump sum of $30,000.00, payable by check to the petitioner, as compensation for all items of damages. The decision was issued on November 15, 2022. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the mechanism of causation. Petitioner was represented by Andrew Melling of Burr & Forman LLP, and respondent was represented by Austin Egan of the U.S. Department of Justice.

Theory of causation field:
Petitioner Robert Willis alleged that he suffered Transverse Myelitis (TM) as a result of an influenza vaccine administered on October 7, 2019. The respondent denied causation. The parties filed a joint stipulation for damages, which was adopted by Special Master Daniel T. Horner. Petitioner was awarded $30,000.00 as compensation for all damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The decision date was November 15, 2022, and the petition was filed on February 17, 2021. Attorneys involved were Andrew Melling for the petitioner and Austin Egan for the respondent.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00938-0
Date issued/filed: 2022-11-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/21/2022) regarding 43 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (mly). Service on parties made.
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Case 1:21-vv-00938-UNJ Document 47 Filed 11/15/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-938V
Filed: October 21, 2022
UNPUBLISHED
ROBERT WILLIS,
Petitioner,
Joint Stipulation on Damages;
v.
Influenza (“Flu”) vaccine; Transverse
Myelitis (“TM”)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Andrew Melling, Burr & Forman LLP, Columbia, SC, for petitioner.
Austin Egan , U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On February 17, 2021, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the
“Vaccine Act”). Petitioner alleges that he suffered Transverse Myelitis (“TM”) as a result
of his influenza vaccination on October 7, 2019. Petition at 1; Stipulation, filed October
20, 2022, at ¶ 4. Petitioner further alleges that he has experienced the residual effects
of his condition for more than six months, that there has been no prior award or
settlement of a civil action for damages as a result of his condition, and that his vaccine
was administered in the United States. Petition at 3; Stipulation at ¶¶ 3-5. “Respondent
denies that petitioner suffered from transverse myelitis as a result of his flu
immunization and denies that the flu vaccine caused him any other injury or his current
condition. ” Stipulation at ¶ 6.
Nevertheless, on October 20, 2022, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will
be posted on the United States Court of Federal Claims’ website in accordance with the E-Government
Act of 2002. See 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic
Government Services). This means the decision will be available to anyone with access to the
Internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact
medical or other information the disclosure of which would constitute an unwarranted invasion of privacy.
If the special master, upon review, agrees that the identified material fits within this definition, it will be
redacted from public access.
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).

Case 1:21-vv-00938-UNJ Document 47 Filed 11/15/22 Page 2 of 7
reasonable and adopt it as the decision of the Court in awarding damages, on the terms
set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $30,000.00 in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under § 15(a). Id.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the
clerk of the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Daniel T. Horner
Daniel T. Horner
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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