VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-01884 Package ID: USCOURTS-cofc-1_22-vv-01884 Petitioner: Melissa Ballard Filed: 2022-12-21 Decided: 2025-10-24 Vaccine: influenza Vaccination date: 2020-11-13 Condition: acute disseminated encephalomyelitis Outcome: compensated Award amount USD: 390000 AI-assisted case summary: On December 21, 2022, Melissa Ballard filed a petition alleging that she developed acute disseminated encephalomyelitis after receiving an influenza vaccine on November 13, 2020. Respondent denied that the flu vaccine caused Ms. Ballard's ADEM. The public stipulation does not describe her first neurologic symptoms, imaging, spinal-fluid testing, hospitalization, steroid or immune treatment, rehabilitation, residual limitations, expert opinions, or the parties' competing medical theories. The parties resolved the case by stipulation filed October 23, 2025. On October 24, 2025, Special Master Mindy Michaels Roth adopted the stipulation and awarded Ms. Ballard $390,000.00 as a lump sum through counsel's IOLTA account for all damages available under the Vaccine Act. Theory of causation field: Influenza vaccine November 13, 2020 allegedly causing acute disseminated encephalomyelitis (ADEM); adult, exact age not stated. COMPENSATED by stipulation. Respondent denied causation; public stipulation lacks neurologic chronology, diagnostic details, treatment course, experts, and mechanism. Award $390,000 lump sum. SM Mindy Michaels Roth; attorney Edward Kraus; petition December 21, 2022; decision October 24, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-01884-0 Date issued/filed: 2025-11-19 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/24/2025) regarding 48 DECISION Stipulation. Signed by Special Master Mindy Michaels Roth. (nb) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-01884-UNJ Document 52 Filed 11/19/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1884V Filed: October 24, 2025 * * * * * * * * * * * * * MELISSA BALLARD, * as administrator for ESTATE OF * KENNETH WAYNE BALLARD, * * Petitioner, * * * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Edward Kraus, Esq., Kraus Law Group, LLC, Chicago, IL, for petitioner. Joseph D. Leavitt, Esq., US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On December 21, 2022, Melissa Ballard (“petitioner” filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that she developed acute disseminated encephalomyelitis after receiving a flu vaccine on November 13, 2020. Stipulation, filed October 23, 2025, at ¶¶ 1-4. Respondent denies that the aforementioned immunization caused petitioner’s injury. Stipulation at ¶ 6. Nevertheless, the parties have agreed to settle the case. On October 23, 2025, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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, upon review, I agree that the identified material fits within this definition, I will redact such material 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 (2018). 1 Case 1:22-vv-01884-UNJ Document 52 Filed 11/19/25 Page 2 of 7 Respondent agrees to issue the following payment: A lump sum of $390,000.00 in the form of an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to Melissa Ballard. This amount represents compensation for all damages that would be available under § 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 is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2 Case 1:22-vv-01884-UNJ Document 52 Filed 11/19/25 Page 3 of 7 Case 1:22-vv-01884-UNJ Document 52 Filed 11/19/25 Page 4 of 7 Case 1:22-vv-01884-UNJ Document 52 Filed 11/19/25 Page 5 of 7 Case 1:22-vv-01884-UNJ Document 52 Filed 11/19/25 Page 6 of 7 Case 1:22-vv-01884-UNJ Document 52 Filed 11/19/25 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-01884-cl-extra-11205391 Date issued/filed: 2025-11-19 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10738806 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1884V Filed: October 24, 2025 * * * * * * * * * * * * * MELISSA BALLARD, * as administrator for ESTATE OF * KENNETH WAYNE BALLARD, * * Petitioner, * * * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Edward Kraus, Esq., Kraus Law Group, LLC, Chicago, IL, for petitioner. Joseph D. Leavitt, Esq., US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On December 21, 2022, Melissa Ballard (“petitioner” filed a petition for compensation under the National Vaccine Injury Compensation Program. 2 Petitioner alleges that she developed acute disseminated encephalomyelitis after receiving a flu vaccine on November 13, 2020. Stipulation, filed October 23, 2025, at ¶¶ 1-4. Respondent denies that the aforementioned immunization caused petitioner’s injury. Stipulation at ¶ 6. Nevertheless, the parties have agreed to settle the case. On October 23, 2025, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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, upon review, I agree that the identified material fits within this definition, I will redact such material 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 (2018). 1 Respondent agrees to issue the following payment: A lump sum of $390,000.00 in the form of an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to Melissa Ballard. This amount represents compensation for all damages that would be available under § 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 is directed to enter judgment in accordance with this decision. 3 IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2