# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 07

- 242 V

Filed: September 30, 2013

Not for P ublication

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

KAREN DOYLE

, *

* Damages decision based on stipulation;

Petitioner

, * influenza vaccine; chemically

- induced

* mul tiple sclerosis ; transverse myelitis

*

v. *

*

SECRETARY OF HEALTH *

AND HUMAN SERVIC ES, *

*

Respondent. *

*

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

Anne C. Toale

, Sarasota, FL

, for petitioner

. Glenn A. MacLeod , Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES 1

On September 3 0 , 2013 , the parties filed the attached stipulation in which they agreed to

settle this case and described the settlement terms. Petitioner allege s that she suffered

“ chemically

- induced mul tiple sclerosis ( “ MS ” ) an d /or transverse myelitis ( “ TM ” ) ” that w ere

caused by her Nov ember 10 , 2005 receipt of trivalent influenza ( “ flu ” ) vaccine

. Petitioner further

allege s that she suffe red the residual effects of these injuries for more than six months.

Respondent denies that the f lu vaccine caused petitioner’s alleged M S and/or TM or any other

1 Because this unpublished decision contains a reasoned exp lanation for the special master’ s action in this

case, the special master intends to post this unpublished decision on the United States Court of Federal

Claims’ s website, in accordance with the E

- Government Act of 2002, Pub. L. No. 107

- 347, 116 Stat. 2899,

2913 (Dec. 17, 2002). V accine Rule 18(b) states that all decisions of the special masters will be made

available to the public unless they contain trade secrets or commercial or financial information that is

privileged and confidential, or medical or similar information whose di sclosure would constitute a clearly

unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and

move to delete such information prior to the document ’ s disclosure. If the special master, upon review,

agrees that the identified material fits within the banned categories listed above, the special master shall

delete such material from public access.2

injury and further denies that her current disabilities are a sequel a of a vaccine

- related injury

. Nonetheless, the parties agreed to resolve this matter informally.

The undersigned finds the terms of the stipulation to be reasonable. The court hereby

adopts the parties ’ said stipulation, attached hereto , and awards compensation in the amount and

o n the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of

$2 6 5 ,000.00 , representing compensation for all damages that would be available under 42 U.S.C.

§ 300aa

- 15(a). The award shall be in the form of a check for $2 6 5 ,000.00 made payable to

petitioner

.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the

court is directed to enter judgment herewith. 2

IT IS SO ORDERED.

Dated: September 30, 2013 s/ Laura D. Millman

Laura D. Millman

Special Master

2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party , either separately or

jointly, fil ing a notice renouncing the right to seek review.