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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* * * * * * * * * * * * * UNPUBLISHED JAVAD SAEID, Legal representative * O f a Minor Child, M.S. * Decision on Joint Stipulation;

* T ransverse Myelitis ( “ TM ” ); Petitioner, * Influenza (“Flu”) Vaccine. * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * *

Michael Adly Base lous
, San Antonio, TX, for petitioner. Glen Alexander MacLeod ., US Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1

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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in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 allege s 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.

Neverthele ss, 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 agre es to issue the following payments:

 A lump sum of $ 1 04,585.02, which amount represents reimbursement of a lien for se rvices 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 a grees to endorse this payment to the State of Texas; and

 A lump sum of $250,000.00, which amount represents compensation for all remaining elem en ts 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’ stipula tion 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

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