# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 390V

(not to be published)

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

THERESA MULLIS

, *

*

* Special Master Corcoran

*

Petitioner, * Filed: March 12, 2019

*

v. *

* Decision by Stipulation; Influenza Vaccine;

SECRETARY OF HEALTH * Transverse Myelitis.

AND HU MAN SERVICES, *

*

Respondent. *

*

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

Ronald C. Homer , Conway, Homer, P.C., Boston, MA, for Petitioner.

Justine E. Walters

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

DECISION ON STIPULATION 1

On March 20, 2017, Theresa Mullis filed a petition seeking compensation under the

National Vaccin e Injury Compensation Program. 2 ECF No. 1. Petitioner alleges that she suffered

from transverse myelitis as a result of the influenza vaccine she received on September 22, 201 5.

Id. at 1. Respondent initially recommended that Petitioner be denied compensation. Rule 4(c)

Report at 2, filed Oct. 10, 2018 ( ECF No. 28)

. H owever, the parties elected to engage in settlement

negotiations, and although Respondent maintains his position that the inf luenza vaccine did not

1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the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 D ecision’s inclusio n 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 sub stance 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). Oth erwise, the whole D ecision will be available online i n its

present form

. Id

.

2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660,

100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa

- 10 through 34 (20 12) (“Vaccine Act” or “the Act”)

.2

cause Petitioner’s injury, the parties filed a stipulation on March 8, 2019

. See Stip. at 1

– 2 (ECF

No. 33)

.

Based upon my own review of the record, I conclude that the parties’ stipulation (as

attached hereto) is reasonable. I there fore adopt it as my decision in awarding damages on the

terms set forth therein.

The stipulation awards:

• A lump sum of $150,000.00, in the form o f a check payable to Petitioner.

Stip. at 2

. This amount represents compensation for all damages under Section 15(a) of the Act to

which Petitioner is entitled

.

I approve a Vaccine Program award in the requested amount s et forth above to be made to

Petitioner. In the absence of a motion for review filed pursuant to RCF C Appendix B, the clerk of

the C ourt 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.