In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 15-943V 

Filed: November 4, 2016 

Not for Publication 

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

JEFFERY MILLER, * 

* 

 Petitioner, * 

 * 

 v. * 

 * 

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

 * 

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

Ronald C. Homer, Boston, MA, for petitioner. 

Althea Walker Davis, Washington, DC, for respondent. 

MILLMAN, Special Master

DECISION AWARDING DAMAGES1

On November 3, 2016, the parties filed the attached stipulation in which they agreed to 

settle this case and described the settlement terms. Petitioner alleges that he suffered from 

multiple sclerosis caused by his receipt of the influenza (“flu”) and tetanus-diphtheria-acellular 

pertussis (“Tdap”) vaccines on September 17, 2012. He further alleges that he experienced the 

residual effects of this injury for more than six months. Respondent denies that the flu vaccine 

or Tdap vaccine caused petitioner to suffer multiple sclerosis or any other injury. Nonetheless, 

the parties agreed to resolve this matter informally.

 

1

 Because this unpublished decision contains a reasoned explanation for the special master’s action in this 

case, the special master intends to post this unpublished decision on the United States Court of Federal 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; tetanusdiphtheria-acellular pertussis (“Tdap”) 

vaccine; multiple sclerosis
2 

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

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 

$195,000.00, representing compensation 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 for $195,000.00 made payable 

to petitioner.

 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: November 4, 2016 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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