In the Anited States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1889V (not to be published) KKK KKK KK KK KK KK KK KK KK OK KK KK OK * CHANDLER NITZKE, : * Filed: January 12, 2022 Petitioner, * * * V. * Decision by Stipulation; Damages; * Influenza (“flu”) Vaccine; Transverse SECRETARY OF HEALTH AND * Myelitis (“TM”), HUMAN SERVICES, : * Respondent. * * ok ok ok ok ok ok ok ok ok ok ok ok ok ok Ok ok ok ok Ok ok Ok ok Ok ok OK Glen H. Sturtevant, Jr., Rawls Law Group, Richmond, VA., for Petitioner Lara A. Englund, U.S. Department of Justice, Washington, DC, for Respondent DECISION ON JOINT STIPULATION! On December 13, 2019, Chandler Nitzke (‘Petitioner’) filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).” Pet., ECF No. 1. Petitioner alleges that he suffered from transverse myelitis (“TM”) as a result of the influenza (“flu”) vaccine he received on October 23, 2018. See Stipulation { 2, 4, dated January 10, 2022 (ECF No. 35); see also Petition. ' Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Otherwise, the Decision in its present form will be available. Jd. * The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10-34 (2012)) (hereinafter “Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the pertinent subparagraph of 42 U.S.C. § 300aa. Respondent denies “that the flu vaccine caused Petitioner to suffer TM, or any other injury or his current condition.” See Stipulation § 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation dated January 10, 2022 that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. ECF No. 35. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: A lump sum of $32,500.00 in the form of a check payable to Petitioner. Stipulation J 8. This award represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. 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. IT ISSO ORDERED. s/ Katherine E. Oler Katherine E. Oler Special Master > Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review. IN THE UNITED STATES © OURF °F FEDERAL CLAIMS OFFICE OF SPECIAL MASTFRS ) CHANDLER NITZKE, ) ) Petitioner, ) ) No. 19-1889V Vv. ) Special Master Oler ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ) STIPULATION The parties hereby: stipulate to the following matters: 1, Chandler Nitzke, petitioner, 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 an influenza (“flu”) vaccine, which is a vaccine contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100/3 (a). 2. Petitioner received the flu vaccine on October 23, 2018. 3. The vaccinations was administered within the United States. 4. Petitioner alleg¢s that he suffered from transverse myelitis (“TM”) as a result of receiving the flu vaccine, and further alleges that he experienced residual effects of this alleged injury for more than six mpnths. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. 6. Respondent denies that the flu vaccine caused petitioner to suffer TM, or any other injury or his current cond tion. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall compensation described i 8. As soon as pra the terms of this Stipulati pursuant to 42 U.S.C. § 30 the following vaccine co A lump sum of $3 amount represents U.S.C. § 300aa-1 9. As soon as pra petitioner has filed both a U.S.C. § 300aa-21(a)(1), the special master to awa petition. 10. Petitioner and be settled and that a decision should be entered awarding the n paragraph 8 of this Stipulation. ticable after an entry of judgment reflecting a decision consistent with yn, and after petitioner has filed an election to receive compensation )0aa-21(a)(1), the Secretary of Health and Human Services will issue pensation payment: ,900.00 in the form of a check payable to petitioner. This ‘compensation for all damages that would be available under 42 (a). ticable after the entry of judgment on entitlement in this case, and after proper and timely election to receive compensation pursuant to 42 d an application, the parties will submit to further proceedings before i reasonable attorneys’ fees and costs incurred in proceeding upon this I i | his 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 under 42 U.S.C. § 300aa- (g), to the extent that payment has been made or can reasonably be expected to be made unde any State compensation programs, insurance policies, Federal or State health benefits pro § 1396 et seq.)), or by enti s (other than Title XIX of the Social Security Act (42 U.S.C. ties that provide health services on a pre-paid basis. n 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 his the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or naturg) that have been brought, could have been brought, or could be timely brought in the Court of Fes eral Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300ga-10 et seq., on account of, or in any way growing out of, any and all known or unknown, suspet ted or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have résulted from, the flu vaccination administered on October 23, 2018, as alleged by petitioner in a petition for vaccine compensation filed on or about December 13, 2019, in the United States Court of Federal Claims as petition No. 19-1889V. 14. If petitioner s i uld die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 15. Ifthe special : aster fails to issue a decision in complete conformity with the terms damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in par. 2 h 9 above. There is absolutely no agreement on the part of the parties hereto to make an | payment or to do any act or thing other than is herein expressly stated and clearly agreed to. Th 3 parties further agree and understand that the award described in this Stipulation may reflect a jompromise of the parties’ respective positions as to liability and/or amount of damages, and ) rther, that a change in the nature of the injury or condition or in the items of compensation so ight, is not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner to have TM, or any other injury, or his cufrent condition. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION ~ ~~ Respectfully submitted, : PETITIONER: CHANDLER NIT. ATTORNEY OF RECORD FOR PETITIONER: Mine abfurbuandf GLEN H. STURTEVAN: Rawls Law Group, PC | 211 Rocketts Way, Suite) 100 Richmond, VA 23231 Tel: (804) 344-0038 =| Email: gsturtevant@rawlslawgroup.com Compensation Program Health Systems Bureau {| Health Resources and Sefvices Administration U.S. Department of Heal and Human Services $600 Fishers Lane, 08N146B Rockville, MD 20857 Dated: _D) | olzere_| AUTHORIZED REPRESENTATIVE OF THE ATTORNEY GENERAL: Ae dose Yeu HEATHER L. PEARLMAN Deputy Director Torts Branch Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 ATTORNEY OF RECORD FOR RESPONDENT: by Wecdthr ee Siem LARA A. ENGLUND Assistant Director Torts Branch Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 Tel: (202) 307-3013 Email: lara.a.englund@usdoj.gov