# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 5 -48 7 V

* * * * * * * * * * * * * * * * * * * * * * * * * LILLIAN RIVERA, * Special Master Corcoran

*
* Petitioner, * Filed: March 30 , 2017
*

v. *
* Decision by Stipulation; Damages; SECRETARY OF HEALTH * Influenza (“Flu”) Vaccine; Transverse AND HUMAN SERVICES, * Myelitis (“TM”).
* Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *

Mark L. Krueger, Krueger & Hernandez, SC

, Baraboo, WI

, for Petitioner.

Adriana Ruth Teitel

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

DECISION AWARDING DAMAGES 1

On May 15, 2015 , Lillian Rivera filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”). 2 Petitioner alleges that she suffers
from Transverse Myelitis (“TM”)

, as a result of h er October 22

, 201 2 , receipt of the influenza (“flu”) vaccine. Moreover, Petitioner allege s that s he experienced residual effects of this i njury for
more than six months.

Respondent denies that Petitioner’s flu vaccination caused her alleged TM

, or any other injury or condition

. Nonetheless both parties, while maintaining their above

- stated positions,

1 The decision will be posted on the United States Court of Federal Claims website, in accordance with the EGovernment Act of 2002, 44 U.S.C. § 3501 (2012). 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 c onfidential 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 whole decision in its present form will be available to the public. 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

agreed in a stipulation (filed on March 29 , 2017) that the issues before them could be settled, and that a decision should be entered awarding Petitione r 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 $2 41

, 25 0.00 in the form of a check payable to Petitioner.

Stipulation ¶ 8. This amount represents compensation for all damages that would be available under Section 15(a) of the Act.

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/ 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.