1 

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-476V 

Filed: May 13, 2015 

* * * * * * * * * * * * * * * * UNPUBLISHED 

MARCIE MINTZ, * 

 * 

Petitioner, * 

 * Special Master Dorsey 

v. * 

 * 

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, * Joint Stipulation on Damages; 

 * Influenza (Flu) Vaccine; Transverse 

Respondent. * Myelitis (TM) 

 * 

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

Tara O’Mahoney, Law Offices of Chicago-Kent College of Law, Chicago, IL, for petitioner.

Michael Milmoe, United States Department of Justice, Washington, DC, for respondent. 

DECISION1

On June 4, 2014, Marcie Mintz (“petitioner”) filed a petition pursuant to the National 

Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged 

that, as a result of receiving an influenza vaccination on November 17, 2012, she suffered from 

transverse myelitis. Petition at 1. Petitioner further alleged that she suffered the residual effects 

or complications of this vaccine injury for more than six months. Id. at 8. On May 13, 2015, the 

parties filed a stipulation, stating that a decision should be entered awarding compensation. 

 

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, Pub. L. No. 107-347, § 205, 116 

Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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 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). 

2 The National Vaccine 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 (2006) (Vaccine Act or the Act). All citations in this decision to 

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 
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 Respondent denies that the flu vaccine caused petitioner’s alleged transverse myelitis, or 

any other injury, and further denies that petitioner’s current disabilities are sequelae of a vaccinerelated injury. Nevertheless, the parties agree to the joint stipulation, attached hereto as 

Appendix A. The undersigned finds the stipulation 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 compensation: 

A lump sum of $275,000.00, in the form of a check payable to petitioner representing all 

damages available under 42 U.S.C. 300aa-15(a).

Stipulation ¶ 8. 

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

Accordingly, an award should be made consistent with the stipulation. 

 In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of 

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ 

stipulation.3 

IT IS SO ORDERED. 

 s/ Nora Beth Dorsey 

 Nora Beth Dorsey 

 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.