# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed : September 28 , 2020

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

A LISON BRACKEN

, * No. 1 8

- 224 V

*

Petitioner, * Special Master Sanders

v. *

*

SECRETARY OF HEALTH * Stipulation for Award; Influenza (“flu”)

AND HUMAN SERVICES, * Vaccine; Transverse M yelitis ( “ TM ” )

*

Respondent. *

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

R o nald Craig Homer

, Conway, Homer , P.C.

, Boston

, M A

, for Petitioner.

Kyle Edward Pozza , United States Department of Justice, Washington, DC, for Respondent.

DECISION 1

On February 14

, 2018, Alison Bracken (“Petitioner”) filed a petition for compensation

pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa

- 10 to

- 34

(2012) ; Pet. at 1, ECF No. 1 . Petitioner alleged that the influenza (“flu”) vaccine s he received on

October 24

, 2015 caused h er to develop transverse myelitis ( “ TM ” ) related to vaccine

administration

. See Stip. at 1, ECF No. 46 . Petitioner further alleged that s he experienced the

residual effects of h er injury for more than six months. Id.

On September 28, 2020 , the parties filed a stipulation in which they state that a decision

should be entered awarding compensation to Petitioner. Id. at 2. Respondent denies that the flu

vaccine caused Petitio ner’s alleged TM or any other injury. Id. at 1

– 2. Nevertheless, the parties

agree to the joint stipulation, attached hereto as Appendix A. I find the stipulation reasonable and

adopt it as the decision of the Court in awarding damages, on the terms set forth therein.

1 This D ecision shall be posted on the website of the United States Court of Federal Claims, in

accordance with the E

- Government Act of 2002, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913

(codified as amended at 44 U.S.C. § 3501 note (2012)). This means the De cision will be

available to anyone with access to the Internet. As provided by Vaccine Rule 18(b), each party

has 14 days within which to request 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).

2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99

- 660, 100 Stat. 3755.2

The parties stipulate that Petitioner shall receive the following compensation:

A lump sum of $ 7 4

, 142.81 in the form of a check payable to [P]etitioner.

This amount represents compensation for all damages that would be

av ailable under 42 U.S.C. § 300aa

- 15(a).

Id

. at 2.

I approve the requested amount for Petitioner’s compensation. Accordingly, an award

should be made consistent with the stipulation.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the C lerk of

C ourt SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3

IT IS SO ORDERED.

s/ Herbrina D. Sanders

Herbrina D. Sanders

Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of

notice renouncing the right to seek review.