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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13

- 371 V

Filed: November 1 7

, 201 6

* * * * * * * * * * * * * UNPUBLISHED

TRACY MCDONALD as representative *

of the estate of SHELLY *

CRANE

- MCDONALD deceased

, *

*

*

Petitioner

, * Special Master Gowen

*

v. * Joint Stipulation on Damages;

* Influenza (“Flu”) Vaccine;

SECRETARY OF HEALTH * Demyelinating Disorder

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Peter Sarda , Creech Law Firm, Raleigh, NC

, for petitioner.

Jennifer L. Reynaud , United States Depar tment of Justice, Washington, DC , for respondent.

DECISION ON JOINT STIPULA T ION 1

On June 3, 2013

, Shelly Crane

- McDonald filed a petition pursuant to the National

Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa

- 1 0 to 34 (2012). After Ms. Crane

McDonald’s death, her spouse, Tracy McDonald (“ petitioner”) filed an amended petition as the

legal r epresentative of Ms. Crane

- McDonald’s estate. Petitioner alleged that as a result of

receiving a n influenza (“flu”) vaccine on October 20, 2011

, Ms. Crane

- Mc D onald developed a

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the

undersigned intends to post this ruling on the website of the United States Court of Federal Claims, in

accordance with the E

- Government Act of 2002, 44 U. S.C. § 3501 note (2012) (Federal Management and

Promotion of Electronic Government Services). As provided by Vaccine Rule 18(b), each party has 14

days within which to request redaction “of any information furnished by that party: (1) that is a trade

sec ret 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).

2 The National Vac cine Injury Compensation Program is set forth in 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. §§

300aa

- 1 to

- 34 (2012) (Vaccine Act or the Act). All citations in this decisi on to individual sections of the

Vaccine Act are to 42 U.S.C.A. § 300aa.

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demyelinating disorder , and that Ms. Crane

- McDonald’s death was the sequela of her alleged

vaccine

- related injury

. Stipulation at Preamble, ¶ ¶ 2, 4

.

On November 17 , 2016 , the parties filed a stipulation in which they state that a decision

should be entered awarding compensation. Respondent denies that the flu vaccine caused Ms.

Crane

- McDonald’s alleged demyelinating disorder, any other injury, or her death. Stipulation at

¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The

undersigned finds the stipulatio n reasonable and adopts it as the decision of the Court in

awarding damages, on the terms set forth therein.

The parties stipulate that petitioner shall receive the following in compensation:

a. A lump sum of $ 225 ,000.00 in the form of a check payable to p etitioner as Legal

Representative of the Estate of Shelly Crane

- McDonald

. This amount represents

compensation for all damages that would be available under 42 U.S.C. § 300aa

- 15(a)

.

Id. at ¶ 8.

The undersigned approves the requested amount for petitioner’s compensation.

Accordingly, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms

of the parties’ stipulation. 3

IT IS SO ORDERED.

s/ Thomas L. Gowen

Thomas L. Gowen

Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice

renouncing the right to seek review.