# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 12

- 308 V

Filed: March 22, 2013

Not for Publication

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NANC Y HARRIS BOWMAN, *

*

Petitioner

, *

* Damages decision b ased on

v. * s tipulation; influenza vaccine;

* transverse myelitis ; fees and costs

SECRETARY OF HEALTH * based on stipulation

AND HUMAN SERVICES, *

*

Respondent. *

*

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Diana L. Stadelnikas

, Sarasota, FL , for petitioner.

Gordon E. Shemin , Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES AND ATTORNEYS ’ FEES AND COSTS 1

On March 22, 2013 , the parties filed the attached stipulation in which they agreed to

settle this case and described th e settlement terms. Petitioner allege s that s he suffered from

transverse myelitis following h er receipt of triva lent influenza vaccine on October 12 , 2009

. Petitioner further alleges that s he suffered the residual effects of this injury for more than six

months. Respondent denies that petitioner’s transverse myelitis , or any other injury, was caused

in fact by the influenz a v accine

. Nonetheless, the parties agreed to resolve this matter

informally.

1 Because this unpublished decision contains a reasoned explanation f or the special master's action i n this

case, the special master intends to post this unpublished decision on the United States Court of Federal

Claims's website, in accordance with the E

- G overnment Act of 2002, Pub. L. No. 107

- 347, 116 Stat.

2899, 2913 (Dec. 17, 2002). 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 informat ion 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 p rior 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.2

The court finds the terms to be reasonable, hereby adopts the parties’ stipulation, and

awards compensation in the amount and on the terms set forth therein. Pursuant to the

stip ulation, the court awards a lump sum of $ 3 7 0,000 .00 , representing compensation for all

damages that would be available under 42 U.S.C. § 300aa

- 15(a)

. The award shall be in the form

of a check for $ 37 0,000.00 made payable to petitioner.

The parties have also agreed on an appropriate amount for attorneys’ fees and costs in

this case

. I n accordance with t he General O rder #9 requirement, petitioner ’ s counsel asserts that

p etitioner did not incur any costs to pursue h e r petition.

Petitioner request s $ 2 1,961.62 in attorneys’ fees and costs to which respondent does not

object. The undersigned finds this amount to be reasonable. Accordingly, the court awards

$ 2 1,961.62 , representing reimbursement for attorneys’ fees and costs. The award shall be in the

form of a check mad e pa yable jointly to petitioner and M a glio Christopher & Toale, PA , in the

amount of $ 2 1,961.62

.

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: March 22, 2013 /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 = s filing a notice

renouncing the right to seek review.