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In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS 

(Filed: January 17, 2017) 

No. 12-552V 

* * * * * * * * * * * * * UNPUBLISHED 

JAVAD SAEID, Legal representative *

Of a Minor Child, M.S. * Decision on Joint Stipulation;

* Transverse Myelitis (“TM”);

Petitioner, * Influenza (“Flu”) Vaccine.

* 

v. * 

* 

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, * 

* 

Respondent. * 

* 

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

Michael Adly Baselous, San Antonio, TX, for petitioner. 

Glen Alexander MacLeod., US Department of Justice, Washington, DC, for respondent. 

DECISION ON JOINT STIPULATION1

Roth, Special Master: 

On August 30, 2012, Javad Saeid [“petitioner”] filed a petition for compensation on 

behalf of her minor child M.S., under the National Vaccine Injury Compensation Program.2

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I 

intend to post this decision on the United States Court of Federal Claims' website, 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 (2012)). In accordance with Vaccine Rule 18(b), a party 

has 14 days to identify and move to delete medical or other information, that satisfies the criteria 

in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for 

redaction must include a proposed redacted decision. If, upon review, I agree that the identified 

material fits within the requirements of that provision, I will delete such material from public 

access. 

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. 

Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent 

subparagraph of 42 U.S.C. § 300aa (2012).
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Petitioner alleges that M.S. developed transverse myelitis (“TM”) and stroke as a result of the

influenza (“flu”) vaccine she received on August 31, 2009. See Stipulation, filed January 13, 

2017, at ¶¶ 1-4. Respondent denies that the flu vaccine caused M.S.’s alleged TM and stroke, or

any other injury, and further denies that her current disabilities are a sequela of a vaccine-related 

injury. Stipulation at ¶ 6. 

Nevertheless, the parties have agreed to settle the case. On January 13, 2017, the parties 

filed a joint stipulation agreeing to settle this case and describing the settlement terms. 

Respondent agrees to issue the following payments: 

 A lump sum of $104,585.02, which amount represents reimbursement of a lien

for services provided to M.S., in the form of a check payable jointly to petitioner

and

TMHP/Medicaid 

Attn: Tort Receivables 

TPL/Tort Department 

PO Box 202948 

Austin, TX 78720-2948 

Petitioner agrees to endorse this payment to the State of Texas; and 

 A lump sum of $250,000.00, which amount represents compensation for all

remaining elements of damages available to petitioner under 42 U.S.C. § 300aa15(a), in the form of a check payable to petitioner as guardian/conservator of the

estate of M.S., for the benefit of M.S. No payment shall be made until petitioner

provides respondent with documentation establishing that she has been appointed as

the guardian/conservator of M.S.’s estate.

I adopt the parties’ stipulation attached hereto, and award compensation in the amount 

and on the terms set forth therein. The clerk of the court is directed to enter judgment in 

accordance with this decision.3

IT IS SO ORDERED. 

s/ Mindy Michaels Roth 

 Mindy Michaels Roth 

 Special Master 

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a 

notice renouncing the right to seek review.