# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: August 21, 2019

* * * * * * * * * * * * * UNPUBLIS HED

DONNA ANDERSON

, *

* No. 14

- 879V

Petitioner, *

v. * Special Master Gowen

*

SECRETARY OF HEALTH * Influenza ( “ Fl u ” ) ; Acute Diss eminated

AND HUMAN SERVICES, * Encephalo myelitis ( “ ADEM ” ); Auto

-

* Immune Au tonom ic Ganglionopathy

Respondent. * ( “ AAG ” ); Car pal Tunnel Syndrome;

* * * * * * * * * * * * * * * * * * * Cer vical Spondylosis; Stipulation.

Lisa A. Roquemore

, Law Office of Lisa A. Roquemore, Rancho Santa Margarita, CA

, for

petitioner.

Adriana R. Teitel , United States Department of Justice, Washington, DC, for respondent.

DECISION ON STIPULATION 1

On Septemb er 22, 2014, Donna And erson (“petitioner”) filed a petition for compensation

within the National Vaccine Injury Compensation Program. 2 Petition (ECF No. 1). Petitioner

received an influenza (“flu”) vaccination on October 11, 2012 . Stipulation filed August 21, 2019

(ECF No. 1 32 ) (“Stipulation”) at ¶ 2

. Petitioner alleged that as a result of that flu vaccination,

s he suffered from central and p eripheral nervous system issues , including but not limited to acute

diss eminated ence phalomyelitis ( “ ADEM ” ) and autoimmune a utonomic ganglio no pathy

( “ AAG ” )

. Petitioner alleged that as a result of that flu vaccination, she also su ffered a significant

aggr avation of her c arpal tunnel sy ndrome and cervical spondylosis. Petitioner further alleges

that she experienced the resi d ual effect s of those injur ies for more than six months. Id. at ¶ 4.

1 P ursuant to the E

- Government Act of 2002, see 44 U.S.C. § 3501 note (2012), b ecause this opinion contains a

reasoned explanation for the action in this case, I intend to post it on the website of the United States Court of

Federal Claims. The Court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the opinion

is posted on the Court’s website, each party has 14 days to file a motion requesting 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). An objecting party must provide the Court with a proposed

redacted version of the opinion. Id. If neither party files a motion for redaction within 14 days, the opinion w ill

be posted on the Court’s website without any changes. Id.

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.2

On August 21 , 2019, respondent filed a stipulation providing that a de cision should be

entered award ing compensation to petitioner. Stipulation. Respondent denies that the flu

vaccination caused petitioner to suffer from ADEM or AAG

, or s u ffer th e significant aggravation

of carpal tunnel sy ndrome or cervical spondylosis . Respondent further denies that the flu

vaccination caused any other injury or her current condition

. Id. at ¶ 6. Maintaining their

respective positions, the parties nevertheless now agree that the issues bet ween them shall be

settled and that a decision should be entered awarding compensation accordin g to the terms of

the stipulation attached hereto as Appendix A. Id. at ¶ 7

.

The stipulation awards:

1) A lump sum of $ 140

, 000.00 , in the form of a check payab le to petitione r ; and

2) An amount sufficient to purch ase the annuity contract described in th e

stipulation at paragraph 10.

These amounts represent compensation for all damages that would be available

under 42 U.S.C. § 300aa

- 15(a)

.

I adopt the stipulation as the decision of the Court in awarding damages . I hereby award

compensation in the amount and on the terms set forth therein. Accordingly, 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 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule

11(a).