VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00139 Package ID: USCOURTS-cofc-1_22-vv-00139 Petitioner: Gary Krugel Filed: 2022-02-10 Decided: 2023-08-31 Vaccine: influenza Vaccination date: 2019-10-29 Condition: transverse myelitis Outcome: compensated Award amount USD: 65000 AI-assisted case summary: Gary Krugel filed a petition for compensation under the National Vaccine Injury Compensation Program on February 10, 2022, alleging that the influenza vaccine he received on October 29, 2019, caused him to develop transverse myelitis. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Krugel's alleged transverse myelitis or any other injury. However, the parties reached a stipulation to settle the issues between them. On August 31, 2023, the respondent filed a stipulation agreeing that a decision should be entered awarding compensation to Mr. Krugel. The stipulation provided for a lump sum payment of $65,000.00 to compensate for all damages. Special Master Thomas L. Gowen adopted the stipulation and awarded compensation in that amount. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Ronald Craig Homer represented the petitioner, and Steven Santayana represented the respondent. Theory of causation field: Petitioner Gary Krugel alleged that the influenza vaccine administered on October 29, 2019, caused his transverse myelitis. Respondent denied causation. The parties reached a stipulation to settle the case, agreeing to an award of $65,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The case was settled via stipulation, with Special Master Thomas L. Gowen adopting the terms. Petitioner counsel was Ronald Craig Homer, and respondent counsel was Steven Santayana. The decision date was August 31, 2023. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00139-0 Date issued/filed: 2023-10-03 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/31/2023) regarding 37 DECISION Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00139-UNJ Document 41 Filed 10/03/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: August 31, 2023 * * * * * * * * * * * * * GARY KRUGEL, * * Petitioner, * No. 22-139v * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Steven Santayana, U.S. Department of Justice, Washington, D.C., for respondent. DECISION ON STIPULATION1 On February 10, 2022, Gary Krugel (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program.2 (Petition) (ECF No. 1). Petitioner alleged that the influenza (“flu”) vaccine he received on October 29, 2019 caused him to develop transverse myelitis (“TM”). Id. at Preamble. On August 31, 2023, respondent filed a stipulation stating that a decision should be entered awarding compensation to petitioner. Stipulation (ECF No. 36). Respondent denies that the flu vaccine is the cause of petitioner’s alleged TM or any other injury. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties now agree that the issues between them shall be settled and that a decision should be entered awarding petitioner compensation according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision contains a reasoned explanation for the action in this case, I am required to post it to a publicly available website. This decision will appear at https://www.govinfo.gov/app/collection/uscourts/national/cofc or on the Court of Federal Claims website. This means the decision will be available to anyone with access to the Internet. Before the decision is posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision will be posted on the court’s website without any changes. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 to 34 (2012) (hereinafter “Vaccine Act” or “the Act”). Hereinafter, individual section references will be to 42 U.S.C. § 300aa of the Act. Case 1:22-vv-00139-UNJ Document 41 Filed 10/03/23 Page 2 of 7 The stipulation provides: 1) A lump sum of $65,000.00 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). 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 SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expediated by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:22-vv-00139-UNJ Document 41 Filed 10/03/23 Page 3 of 7 Case 1:22-vv-00139-UNJ Document 41 Filed 10/03/23 Page 4 of 7 Case 1:22-vv-00139-UNJ Document 41 Filed 10/03/23 Page 5 of 7 Case 1:22-vv-00139-UNJ Document 41 Filed 10/03/23 Page 6 of 7 Case 1:22-vv-00139-UNJ Document 41 Filed 10/03/23 Page 7 of 7