In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

JULIE RICH, * 

 * No. 15-1329v

 Petitioner, * Special Master Christian J. Moran

 * 

v. * Filed: February 13, 2017

 * 

SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; 

AND HUMAN SERVICES, * optic neuritis; vision loss.

 * 

 Respondent. * 

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

Dianna L. Stadelnikas, Magnolia, Christopher, and Toale, PA, Sarasota, FL, for 

Petitioner;

Amy P. Kokot, U.S. Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1

On February 10, 2017, the parties filed a joint stipulation concerning the 

petition for compensation filed by Julie Rich on November 5, 2015. In her 

petition, petitioner alleged that the influenza vaccine, which is contained in the 

Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received 

on November 6, 2010, caused her to develop optic neuritis and/or vision loss in her 

right eye. Petitioner further alleges that she suffered the residual effects of this 

injury for more than six months. Petitioner represents that there has been no prior 

award or settlement of a civil action for damages on her behalf as a result of her 

condition.

Respondent denies that the influenza vaccine caused petitioner to suffer 

optic neuritis, vision loss in her right eye, or any other injury. 

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 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and 

Promotion of Electronic Government Services), requires that the Court post this decision on its 

website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing 

redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). 

Any redactions ordered by the special master will appear in the document posted on the website. 
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Nevertheless, the parties agree to the joint stipulation, attached hereto. The 

undersigned finds said stipulation reasonable and adopts it as the decision of the 

Court in awarding damages, on the terms set forth therein. 

 

Damages awarded in that stipulation include: 

a. A lump sum payment of $175,000.00 in the form of a check

payable to petitioner, Julie Rich. This amount represents 

compensation for all damages that would be available under 42 

U.S.C. § 300aa-15(a); and

b. A lump sum payment of $148.91, which amount represents 

reimbursement of a State of Illinois Medicaid lien , in the form of 

a check payable jointly to petitioner and: 

Illinois Department of Healthcare and Family Services

Bureau of Collections

Technical Recovery Section

P.O. Box 19174

Springfield, IL 62794-9174

ATTN: Mr. Kevin Thornton

Kevin.Thornton@illinois.gov 

Petitioner agrees to endorse this payment to the Illinois Department of 

Healthcare and Family Services.

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

the clerk is directed to enter judgment in case 15-1329V according to this decision 

and the attached stipulation.2

 

IT IS SO ORDERED. 

 

 s/Christian J. Moran

Christian J. Moran

 Special Master

 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each 

party filing a notice renouncing the right to seek review by a United States Court of Federal 

Claims judge.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

JULIE RICH, 

. Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

Respondent. 

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No. l 5- I 329V (ECF) 

Special Master Moran 

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STIPULATION 

The parties hereby stipulate to the fo llowing motters: 

I. Julie Rich, peti tioner, fil ed a petition for vaccine compensation under the National 

Vaccine Inj ury Compensation Program, 42 U.S.C. §§ 300aa- 10 to -34 (the "Vaccine Program''). 

The petition seeks compensation for injuries allegedly related to petitioner's receipt of the 

influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the ''Table"), 

42 C.F.R. § 100.3(a). 

2. Petitione1· received a flu vaccination on or about October 30, 20 13. 

3. The vacci ne was administered within the United States. 

4. Petitioner alleges that the flu vaccine caused her to deve lop optic neuritis and/or vision 

loss in her right eye. Petitioner further alleges that she experienced the residual effects of these 

i1tjuries for more than six months. 

5. Petitioner represents that there has been no prior award or settlement of a civil action 

for damages as a result of her condition. 
6. Respondent denies thnt the flu vaccine administered on or about October 30, 20 13, is 

the cause of petitioner's alleged optic neuritis and/or vision loss in her right eye and/or any other I 

injury or her current condition. 

7. Maintaining their above-stated positions, the pa1ties nevertheless now agree that the 

issues between them shall be settled and that a decision should be entered awarding the 

compensation described in paragraph 8 of th is Stipulation. 

8. As soon as practicable after an entry of judgment reflecting a decision consistent with 

the terms of this Stipulation, and after petitioner has filed an election to rece ive compensation 

pursuant to 42 U.S.C. § 300aa-2 l(a)(1 ), the Secretary of Health and Human Services will issue 

the fo llowing vaccine compensation payments: 

a. A lump sum of $175,000.00 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-l S(a); and 

b. A lump sum of $ 148.9 l, which amount represents reimbursement of a State of 

Illinois Medicaid lien, in the form of a check payable jointly to petitioner and: 

Illinois Department of 1-lealthcare and Family Services 

Bureau of Col lections 

Technical Recovery Section 

P.O. Box 191 74 

Spri ngfield, IL 62794-91 74 

Atln: Mr. Kevin Thornton 

Kevin.Thornton@illinois.gov 

Petitioner agrees to endorse this check to the 11 linois Department of Healthcare and 

Family Services. 

9. As soon as practicable after the entry of judgment on entitlement in this case, and after 

petitioner has fried both a proper and timely election to receive compensation pursuant to 42 

U.S.C. § 300aa-2 I (a)( I), and an applicati on, the parties will submit to further proceedings before 

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the special master to awurd reasonable attorneys' fees and costs incurred in proceed ing upon this 

petition. 

10. Petitioner and her attorney represent that they have identified to respondent a ll 

known sources of payment for items or services for which the Program is not primarily I iable 

under 42 U.S.C. § 300aa- I 5(g), including State compensation programs, insurance policies, 

Federal or State hea lth benefits programs (other than Title XIX of the Social Security Act (42 

U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis. 

11. Payment made pursuant to paragraph 8 of this Stipulation, and any amount awarded 

pursuant to paragraph 9 of this Stipulation, will be made in accordance with 42 U.S.C. § 300aal 5(i), subject to the availability of suffic ient statutory funds. 

12. The parties and their atlori1eys further agree and stipulate that, except for any award 

for attorneys' fees and litigation costs, and past unreimbursable expenses, the money provided 

pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a 

strict construction of 42 U.S.C. § 300aa- 15(a) and (d), and subject to the conditions of 42 U.S.C. 

§ 300aa- I 5(g) and (h). 

13. In return for the payments described in paragraphs 8 and 9, petitioner, in her 

individual capacity, and on behalf of her heirs, executors, administrators, successors and/or 

assigns, does forever irrevocably and unconditionally release, acq uit and discharge the United 

States and the Secretary of Hea lth and Human Services from any ancl all actions or causes of 

action (including agreements, judgments, claims, damages, loss of services, expenses and all 

demands of whatever kind or nature) tlrnt have been brought, could have been brought, or could 

be timely brought in the Court of Federal Claims, under the National Vaccine Inj ury 

Compei1sation Program, 42 U.S.C. § 300aa- I 0 ct seq., on account of, or in any way growing out 

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of, any and all known or unknown, suspected or unsuspected personal injuries to or death of 

petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on or 

about October 30, 2013, as alleged by petitioner in a petition for vaccine compensation fi led on 

or about November 5, 20 15, in the United States Court of Federal Claims as petition No. 15, 

1329V. 

14. If petitioner should die prior to entry of judgment, this agreement shall be voidable 

upon proper notice to the Courl on behalf of either or both of the parties. 

15. If the special master fai ls to issue a decision in complete confo rmity with the terms 

of th is Stipulation or if the Court of Federal Claims foils to enter judgment in conformity with a 

decision that is in complete conformity with the terms of this Stipulation, then the parties' 

settlement and this Stipulation shall be voidable at the sole discretion of either pa1ty. 

16. This Stipulation expresses a full and compl ete negotiated settlement of liability and 

damages claimed under the National Childhood Vaccine Inj ury Act of 1986, except as otherwise 

noted in paragraph 9 above. There is absolutely nc:i agreement on the part of the parties hereto to 

make any payment or to do any act or thing other than is herein expressly stated and clearly 

agreed to. The parties further agree and understand that the award described in th is Stipulation 

may reflect a compromise of the parties' respective positions as to liability and/ol' amount of 

damages, and further, that a change in the nature of the injury or condition or in the items of 

compensation sol1ght, is not grounds to modify or revise this agreement. 

17. This Stipulation shall not be construed as an admission by the United States or the 

Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged optic 

neuritis and/or vision loss in her right eye and/or any other injury or her current condition . 

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18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's 

heirs, executors, administrators, successors, and/or assigns. 

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END OF STIPULATJON 

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Respectfully submitted, 

PETITIONER: 

J~ ~ 

ATTORNEY OF RECORD FOR 

PETITIONER: 

Maglio Chnstopher and Toale, P.A. 

1605 Main Street, Suite 710 

Sarasota, FL 34236 

Tel: (888) 952-5242 

AUTHORIZED REPRESENTATlVE 

OF THE ATIORNEY GENERAL: 

RINE E. REEVES 

Deputy Director 

Torts Branch 

Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington; DC 20044-0 146 

ATTORNEY OF RECORD FOR 

RESPONDENT: 

t'./tf'f-· w ~ _.__._...._,.--.._,_.~A- ,- ~-'--'--~~~ AMY:KO T~~~~~-

Director, Division of Injury Trial Attorney 

Compensation Programs Torts Branch 

Healthcare Systems Bureau Civ il Division 

U.S. Department of Health U.S. Department of Justice 

and Human Services P.O. Box 146 

5600 Fishers Lane Benjamin Franklin Station 

Parklawn Building, Mail Stop 08N J46B Washington, DC 20044-0 146 

Rockville, MD 20857 Tel: (202) 616-4 11 8 

Dated: .f)./10/d-,0 11 

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