In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 15-487V 

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

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 DAMAGES1

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 her October 22, 2012, receipt of the influenza

(“flu”) vaccine. Moreover, Petitioner alleges that she experienced residual effects of this injury 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 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 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 (2012) (“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 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 $241,250.00 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.