In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS 

No. 14-799V

Filed: October 16, 2015 

* * * * * * * * * * * * * UNPUBLISHED 

KAYE ANN TUFTS, *

* Special Master Gowen 

Petitioner, *

* Joint Stipulation on Damages; 

v. * Influenza (“Flu”) Vaccine;

* Transverse Myelitis 

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Scott W. Rooney, Nemes, Rooney P.C., Farmington Hills, MI, for petitioner. 

Camille M. Collett, United States Department of Justice, Washington, DC, for respondent. 

DECISION ON JOINT STIPULATION1

On September 2, 2014, Kaye Ann Tufts (“petitioner”) filed a petition pursuant to the 

National Vaccine Injury Compensation Program. 242 U.S.C. §§ 300aa-1 to -34 (2006). 

Petitioner alleged that, as a result of receiving an influenza (“flu”) vaccination on September 16, 

2011, she developed transverse myelitis. Petition at ¶¶ 2, 4. Further, petitioner alleged that she 

experienced residual effects of her injury for more than six months. Id. at ¶ 4.

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 (2012) (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. 
On October 15, 2015, the parties filed a stipulation in which they state that a decision should be 

entered awarding compensation. Respondent denies that the influenza vaccine caused petitioner’s 

alleged transverse myelitis, or any other injury or condition. Stipulation ¶ 6. 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 $200,000.00 in the form of a check payable to petitioner, Kaye Ann 

Tufts. This amount represents compensation for all damages that would be available 

under 42 U.S.C. § 300aa-15(a). 

Id. ¶ 8. 

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.