In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-1889V 

(not to be published) 

 

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CHANDLER NITZKE, 

 Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 Respondent. 

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Filed: January 12, 2022 

Decision by Stipulation; Damages; 

Influenza (“flu”) Vaccine; Transverse 

Myelitis (“TM”). 

Glen H. Sturtevant, Jr., Rawls Law Group, Richmond, VA., for Petitioner 

Lara A. Englund, U.S. Department of Justice, Washington, DC, for Respondent 

DECISION ON JOINT STIPULATION1

On December 13, 2019, Chandler Nitzke (“Petitioner”) filed a petition seeking 

compensation under the National Vaccine Injury Compensation Program (“the Vaccine 

Program”).2

 Pet., ECF No. 1. Petitioner alleges that he suffered from transverse myelitis (“TM”) 

as a result of the influenza (“flu”) vaccine he received on October 23, 2018. See Stipulation ¶ 2, 4, 

dated January 10, 2022 (ECF No. 35); see also Petition. 

1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted 

on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. § 

3501 (2012). This means the Decision will be available to anyone with access to the internet. As 

provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of 

certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 

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). Otherwise, the Decision in its present form will be available. Id.

2

 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. 

No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter 

“Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the 

pertinent subparagraph of 42 U.S.C. § 300aa. 
Respondent denies “that the flu vaccine caused Petitioner to suffer TM, or any other injury 

or his current condition.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their 

above-stated positions, agreed in a stipulation dated January 10, 2022 that the issues before them 

can be settled and that a decision should be entered awarding Petitioner compensation. ECF No. 

35. 

I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation 

is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth 

therein. 

The stipulation awards: 

A lump sum of $32,500.00 in the form of a check payable to Petitioner. 

Stipulation ¶ 8. This award represents compensation for all damages that would be available under 

42 U.S.C. § 300aa-15(a). 

I approve a Vaccine Program award in the requested amount set forth above to be made 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.3

IT IS SO ORDERED. 

 s/ Katherine E. Oler 

 Katherine E. Oler 

 Special Master 

3

 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice 

renouncing their right to seek review.