In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
*********************
STACY POULIGNOT-GARTNER, *
* No. 15-869V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: August 22, 2016
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * transverse myelitis (“TM”).
*
Respondent. *
*********************
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner;
Traci R. Patton, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On August 19, 2016, the parties filed a joint stipulation concerning the
petition for compensation filed by Stacy Poulignot-Gartner on August 13, 2015. In
her petition, petitioner alleged that the influenza (“flu”) vaccine, which is
contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and
which she received on October 24, 2014, caused her to suffer from “transverse
myelitis, myeloradiculitis of the lower extremities, paresthesias of the bilateral legs
perineum, urinary retention, and neuropathic pain.” Petitioner further alleges that
she suffered the residual effects of this injury for more than six months. Petitioner
represents that there has been no prior award or settlement of a civil action for
damages on her behalf as a result of her condition.
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The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.
Respondent denies that the flu vaccine either caused petitioner to suffer the
alleged injuries, or any other injury or condition, and denies that petitioner’s
current disabilities are the result of a vaccine-related injury.
Nevertheless, the parties agree to the joint stipulation, attached hereto. The
undersigned finds said stipulation reasonable and adopts it as the decision of the
Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum payment of $100,000.00 in the form of a check payable to
petitioner, Stacy Poulignot-Gartner. This amount represents
compensation for all damages that would be available under 42 U.S.C. §
300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 15-869V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Shannon Proctor, at (202)
357-6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2
Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
STACY POULIGNOT-OARTNER,
)
)
Petitioner,
) No. 15-869V
v. ) Special Master Moran
ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, ~
Respondent. )
~~~~~~~~~~~~~-)
STIPULATION
The parties hereby stipulate to the following matters:
I. Petitioner, Stacy Poulignot..Oartner, filed a petition for vaccine compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of the influenza ("flu'') vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42
C.F.R. § I00.3(a).
2. On October 23, 2014, petitioner received the flu vaccine.
3. The flu vaccine was administered within the United States.
4. Petitioner alleges that, as a result of receiving the flu vaccine, she suffered from
"transverse myelitis, myeloradiculitis of the lower extremities, paresthesais of the bilateral legs
perineum, urinary retention, and neuropathic pain," and that she experienced symptoms of these
injuries for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her alleged injuries.
6. Respondent denies that the flu vaccine either caused petitioner to suffer ''transverse
myelitis, myeloradiculitis of the lower extremities, paresthesais of the bilateral legs perineum,
urinary retention, and neuropathic pain," or any other injury or condition, and denies that
petitioner's current disabilities are the result of a vac<:ine.-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now ag1-ee that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofjudgment reflecting a decision consistent
with the terms of this Stipulation, and after petitioner has filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human
Services will issue the fo llowing vaccine compensation payment:
A lump sum of$100,000.00, in the form ofa check payable to petitioner. This
amount l'epresonts compensation for all damages that would be available under 42
U.S.C. § 300aa-l5(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and
after petitioner has filed both a ·proper and timely election to receive compensation pursuant to
42 U.S.C. Section 300aa-21(a)(l), and an application, the parties will submit to fu11her
proceedings before the special master to award reasonable attorneys' fees and costs incurred in
proceeding upon this petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
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under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11 . Payment made pursuant to paragraph 8 of this Stipulation, and any amounts
awarded pursuant to paragraph 9 of this Stipulation, will be made in accordance with 42 U.S.C.
§ 300aa- I5(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, the money provided pursuant to this Stipulation will be
used solely for the benefit of petitioner, as contemplated by a strict construction of 42 U.S.C.
§ 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. §§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions, causes of action (including
agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever
kind or nature) that have beon brought, could have been brought, or could be timely brought in
the Com1 of Federal Claims, under the National Vaccine Injury Compensation Program, 42
U.S.C. § 300aa-I 0 et seq., on account of, or In any way growing out of, any and all known or
unknown, suspected or unsuspected personal injuries to 01· death of petitioner resulting from, or
alleged to have resulted from, the flu vaccine administered on October 23, 20 14, as alleged by
. petitioner in a petition for vaccine compensation filed on 01· about August 13, 201 5, in the United
States Court of Federal Claims as petition No . 1S-869V.
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, 14. If petitioner should die prior to entry of judgment, this agl'cement shall be voidable
upon proper notice to the Cou1t on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the tenns
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement ofliability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of.compensation sought, is not grounds to modify or revise this agree.ment.
17. This Stipulation shall not be construed as an admission by the United Sta-tes or the
Secretary of Health and Human Services that the flu vaccine received by petitionet· either caused or
significantly aggravated petitioner's alleged injuries or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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08- 12- 16;07:31AM; ;8 162769101 # 21 2
Respectfully submitted,
PETITIONER:
ATTORNEY OF RECORD FOR AUTHORIZED REPRSENTATIVE
PETITION OF THE ATTORNEY GENERAL:
ERB
NJ. MULLER, ESQ.
IL, LLP
e:.:v~ L
Acting Deputy Director
71S Twining Road Torts Branch
Suite 107 · Civil Division
Dresher, PA 19025 U.S. Department of Justlcc
Tel: (215) 885-165.5 P.O. Box 146
Benjamin Franklin Ste.tlon
Washington, DC 20044-0146
ATTORNEY OF RECORD FOR
RESPONDENT:
N RAY ,M.D. TRACI R. PATTON
Acting Director, Division of Injury Senior Trial Anorney
Compensation Programs (DICP) Torts Branch
Healthcare Systems Bureau Civil Division
Health Resources and Services Administration U.S. Department of Justice
U;S, Dcpllrtmcnt of Health 1md Human Services P.O. Box. 149
5600 Fishers Lane Benjamin Franklin Station
Parkla.wn Building, Mail Stop 08N146B Washington, DC 20044-0146
Rockville, MD 20857 tel: (202) 353w1589
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