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In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 12-666V 

Filed: January 24, 2017 

Not for Publication 

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

GWENDOLYN MURPHY, * 

* 

 Petitioner, * 

 * 

v. * 

 * 

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

 * 

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

Ed Kraus, Chicago, IL, for petitioner. 

Alexis B. Babcock, Washington, DC, for respondent. 

MILLMAN, Special Master

DECISION AWARDING DAMAGES1

On January 24, 2017, the parties filed the attached stipulation in which they agreed to settle 

this case and described the settlement terms. Petitioner alleges that she suffered from a 

neurological demyelinating injury caused by her October 15, 2009 receipt of influenza (“flu”) 

vaccine. Petitioner further alleges that she experienced residual effects of this injury for more 

than six months. Respondent denies that the flu vaccine caused petitioner to suffer from a 

neurological demyelinating injury or any other injury. Nonetheless, the parties agreed to resolve 

 

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 Because this unpublished decision contains a reasoned explanation for the special master’s action in this 

case, the special master intends to post this unpublished decision on the United States Court of Federal 

Claims’ website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal 

Management and Promotion of Electronic Government Services). Vaccine Rule 18(b) states that all 

decisions of the special masters will be made available to the public unless they contain trade secrets or 

commercial or financial information that is privileged and confidential, or medical or similar information 

whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is 

filed, petitioner has 14 days to identify and move to redact such information prior to the document=s 

disclosure. If the special master, upon review, agrees that the identified material fits within the banned 

categories listed above, the special master shall redact such material from public access.

Damages decision based on 

stipulation; influenza (“flu”) 

vaccine; neurological 

demyelinating injury 
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this matter informally.

 The undersigned finds the terms of the stipulation to be reasonable. The court adopts the 

parties’ stipulation, attached, and awards compensation in the amount and on the terms set forth in 

the stipulation. Pursuant to the stipulation, the court awards a lump sum of $200,000.00, 

representing reimbursement for all damages that would be available under 42 U.S.C. 

§ 300aa-15(a) (2012). The award shall be in the form of a check payable to petitioner in the 

amount of $200,000.00.

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

court is directed to enter judgment herewith.2

IT IS SO ORDERED.

Dated: January 24, 2017 s/ Laura D. Millman

 Laura D. Millman

 Special Master

 

2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or 

jointly, filing a notice renouncing the right to seek review.
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