1

 In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 15-1370V

Filed: October 28, 2016

* * * * * * * * * * * * * * * * UNPUBLISHED

WARREN FISKE, *

 * Special Master Hamilton-Fieldman

Petitioner, *

 * Joint Stipulation on Damages;

v. * Influenza Vaccine; Transverse

 * Myelitis. 

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, *

 * 

Respondent. *

* * * * * * * * * * * * * * * *

Amber D. Wilson, Maglio Christopher & Toale, PA, Washington D.C., for Petitioner.

Lisa A. Watts, United States Department of Justice, Washington, D.C., for Respondent.

DECISION1

On November 12, 2015, Warren Fiske (“Petitioner”) filed a petition for compensation

pursuant to the National Vaccine Injury Compensation Program.

2

42 U.S.C. §§ 300aa-1 to -34 

(2012). Petitioner alleged that as a result of an influenza (“flu”) vaccine administered on 

October 21, 2014, he developed neurological injuries, including transverse myelitis (“TM”). See

Stipulation for Award at ¶ 2, 4, filed Oct. 13, 2016. Petitioner further alleged that he suffered 

residual effects of these injuries for more than six months. Id. at ¶ 4. 

 

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, 

the undersigned intends to post this decision on the website of the United States Court of Federal 

Claims, in accordance with the E-Government Act of 2002, codified as amended at 44 U.S.C. § 

3501 note (2012). 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 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-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to 

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
2

On October 13, 2016, the parties filed a stipulation3in which they state that a decision 

should be entered awarding compensation to Petitioner. Respondent denies that the flu vaccine

caused Petitioner’s TM, or any other injury; and further denies that Petitioner’s current 

disabilities are sequelae of a vaccine-related injury. Nevertheless, the parties agree to the joint 

stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and 

adopts 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:

A lump sum of $129,324.49, in the form of a check payable to Petitioner, Warren 

Fiske. This amount represents compensation for all damages that would be 

available under 42 U.S.C. § 300aa-15(a).

Id. at ¶ 8.

The undersigned approves 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 

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ 

stipulation.4

IT IS SO ORDERED.

s/ Lisa Hamilton-Fieldman

 Lisa Hamilton-Fieldman

Special Master

 

3 The parties’ stipulation uses an incorrect spelling of Petitioner’s name. The correct spelling of 

Petitioner’s name is Warren Fiske, as used in this decision adopting the parties’ stipulation. 

4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of 

notice renouncing the right to seek review.