In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 12-410V

Filed: July 11, 2013

Not for Publication

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KOLENA DEEL, *

*

Petitioner, * 

* Damages decision based on

v. * stipulation; influenza vaccine;

 * transverse myelitis; fees and

SECRETARY OF HEALTH * costs based on stipulation

AND HUMAN SERVICES, *

 *

 Respondent. *

*

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Firooz T. Namei, Cincinnati, OH, for petitioner.

Lisa A. Watts, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS 1

On July 11, 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 as a result of her receipt of influenza vaccine on November 4, 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1 Because this unpublished decision contains a reasoned explanation for the special master's action in this 

case, the special master intends to post this unpublished decision on the United States Court of Federal 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 $287,261.91. The award shall be in the form of a 

check for $287,261.91 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 incurred no costs to pursue his petition.

Petitioner requests $20,397.24 in attorneys’ fees and costs to which respondent does not 

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

$20,397.24, representing reimbursement for attorneys’ fees and costs. The award shall be in the 

form of a check made payable jointly to petitioner and McKinney & Namei Co., LPA in the 

amount of $20,397.24.

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: July 11, 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, either separately or 

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