In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 12-308V

Filed: March 22, 2013

Not for Publication

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NANCY HARRIS BOWMAN, *

*

Petitioner, * 

* Damages decision based on

v. * stipulation; 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 the settlement terms. Petitioner alleges that she suffered from 

transverse myelitis following her receipt of trivalent influenza vaccine on October 12, 2009. 

Petitioner further alleges that she 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 influenza vaccine. 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1 Because this unpublished decision contains a reasoned explanation for the special master's action in this 

case, the special master intends to post this unpublished decision on the United States Court of Federal 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's website, in accordance with the E-Government 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 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.
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 

stipulation, the court awards a lump sum of $370,000.00, 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 $370,000.00 made payable to petitioner. 

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

this case. In accordance with the General Order #9 requirement, petitioner’s counsel asserts that

petitioner did not incur any costs to pursue her petition.

Petitioner requests $21,961.62 in attorneys’ fees and costs to which respondent does not 

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

$21,961.62, representing reimbursement for attorneys’ fees and costs. The award shall be in the 

form of a check made payable jointly to petitioner and Maglio Christopher & Toale, PA, in the 

amount of $21,961.62.

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.