In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 12-675V 

(Not to be published) 

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

 * 

PAUL S. HECKLE, * Filed: October 30, 2014

*

Petitioner, * 

* Decision by Stipulation; Damages;

 v. * Influenza (“Flu”) Vaccine;

* Acute Disseminated

SECRETARY OF HEALTH AND * Encephalomyelitis (“ADEM”);

HUMAN SERVICES, * Tetanus-diphtheria and

* Pertussis (“Tdap”) Vaccine

Respondent. * 

* 

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

Elizabeth Muldowney, Rawls, McNelis and Mitchell, P.C., Richmond, VA, for Petitioner. 

Gordon Shemin, U.S. Dep’t of Justice, Washington, D.C., for Respondent. 

DECISION AWARDING DAMAGES1

On October 5, 2012, Paul S. Heckle filed a petition seeking compensation under the 

National Vaccine Injury Compensation Program.2 Petitioner alleges that as a result of receiving 

the influenza (“flu”) vaccine on or about December 5, 2009, he now suffers from acute 

disseminated encephalomyelitis (“ADEM”), and that he experienced the effects of this injury for 

more than six months. 

1

 Because this ruling contains a reasoned explanation for my action in this case, it will be posted on the website of 

the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 

§ 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by 42 U.S.C. §

300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To 

do so, Vaccine Rule 18(b) provides that 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). Otherwise, the ruling will be available to the public. 

Id.

2

 The National Vaccine Injury Compensation Program comprises 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.A. ' 300aa-10 – 34 (2006)) 

[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to ' 300aa of the Act. 
2 

Respondent denies that the tetanus-diphtheria and pertussis (“Tdap”) or flu immunization 

caused Petitioner’s ADEM, or any other injury, and denies that his current disabilities are 

sequelae of a vaccine-related injury. Nonetheless both parties, while maintaining their abovestated positions, agreed in a stipulation (filed October 28, 2014) that the issues before them can 

be settled and that a decision should be entered awarding Petitioner compensation. 

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

stipulation (as attached hereto) 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 $909,992.00, which amount represents compensation for first

year life care expenses ($80,157.00); lost earnings ($618,898.00); pain and

suffering ($190,000.00); and past unreimbursable expenses ($20,937.00), in the

form of a check payable to Petitioner; and

 An amount sufficient to purchase the annuity contract(s) as described in

paragraph 10 of the stipulation, paid to the life insurance company(ies) from

which the annuity(ies) will be purchased.

These amounts represent compensation for all damages that would be available under 42 U.S.C. 

§ 300aa-15(a). Stipulation ¶ 8.

I approve a Vaccine Program award in the requested amounts 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/ Brian H. Corcoran

Brian H. Corcoran 

Special Master 

3

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

separately) a notice renouncing their right to seek review.