In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: March 7, 2025
* * * * * * * * * * * * * * * * * * * MARCIA PETRIE, as Personal * Representative of the Estate of * DANIEL J. PETRIE, * UNPUBLISHED * Petitioner, * No. 18-1584V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; Influenza AND HUMAN SERVICES, * (“Flu”) Vaccine; Transverse Myelitis * (“TM”). Respondent. * * * * * * * * * * * * * * * * * * * * *
Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for Petitioner. Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION BASED ON STIPULATION 1
On October 12, 2018, Marcia Petrie (“Petitioner”), as personal representative of the estate of Daniel J. Petrie (“Mr. Petrie”), filed a petition in the National Vaccine Injury Program 2 alleging that Mr. Petrie suffered transverse myelitis (“TM”) as a result of an influenza (“flu”) vaccination administered on November 5, 2015. Petition at Preamble (ECF No. 1). During the
1 Because this Decision contains a reasoned explanation for the action in this case, the undersigned is required to post it on the United States Court of Federal Claims’ website and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc in accordance with the E- Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the Internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. 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-10 to -34 (2018) (“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.
1 case’s pendency, on October 18, 2022, Mr. Petrie passed away. Petitioner further alleges that Mr. Petrie’s death was the sequela of his alleged vaccine-related injury.
On March 7, 2025, the parties filed a stipulation recommending an award of compensation to Petitioner. Stipulation (ECF No. 165). Respondent denies that the flu vaccine caused Mr. Petrie’s alleged TM, or any other injury, and denies that Mr. Petrie’s death is a sequela of a vaccine-related injury. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.
The parties stipulate that Petitioner shall receive the following compensation:
(1) A lump sum of $200,000.00, payable to Petitioner as personal representative on behalf of the estate of Mr. Petrie, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner; and
(2) A lump sum of $37,500.00, representing reimbursement of a Medicaid lien for services rendered to Mr. Petrie by the State of New York, in the form of a check payable jointly to Petitioner and the New York State Department of Health:
New York State Department of Health Recipient: Daniel Petrie Date of Incident: 11/05/2015 Recovery Case: 223000 P.O. Box 415874 Boston, MA 02241-5874
Petitioner agrees to endorse the check to New York State Department of Health.
This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation at ¶ 8.
The undersigned approves 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 Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3
IT IS SO ORDERED. s/Nora B. Dorsey Nora B. Dorsey 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. 2 5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on behalf of Mr. Petrie as a result of his condition or his death.
6. Respondent denies that the flu vaccine caused Mr. Petrie's alleged transverse
myelitis, or any other injury, and denies that Mr. Petrie's death is a sequela of a vaccine-related
tnJury.
7. Maintaining their above-stated positions, the parties nevertheless now agree 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 of judgment 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 following vaccine compensation payments:
A. A lump sum of $200,000.00, payable to petitioner as personal representative on behalf of the estate of Mr. Petrie, to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner; and
B. A lump sum of $37,500.00, 1 representing reimbursement of a Medicaid lien for services rendered to Mr. Petrie by the State of New York, in the form of a check payable jointly to petitioner and the New York State Department of Health:
New York State Department of Health Recipient: Daniel Petrie Date of Incident: 11/05/2015 Recovery Case: 223000 P.O. Box 415874 Boston, MA 02241-5874
1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action that the State of New York may have against any individual as a result of any Medicaid payments that the State of New York has made to or on behalf of Mr. Petrie as a result of his alleged vaccine-related injury suffered on or about November 5, 2015, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h). 2 Petitioner agrees to endorse this check to the New York State Department of Health.
These amounts represent compensation for all damages that would be available under 42
U.S.C. § 300aa-15(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. § 300aa-21(a)(I) and an application, the parties will submit to further 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 they have identified to respondent all
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In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: March 7, 2025
* * * * * * * * * * * * * * * * * * * MARCIA PETRIE, as Personal * Representative of the Estate of * DANIEL J. PETRIE, * UNPUBLISHED * Petitioner, * No. 18-1584V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; Influenza AND HUMAN SERVICES, * (“Flu”) Vaccine; Transverse Myelitis * (“TM”). Respondent. * * * * * * * * * * * * * * * * * * * * *
Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for Petitioner. Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION BASED ON STIPULATION 1
On October 12, 2018, Marcia Petrie (“Petitioner”), as personal representative of the estate of Daniel J. Petrie (“Mr. Petrie”), filed a petition in the National Vaccine Injury Program 2 alleging that Mr. Petrie suffered transverse myelitis (“TM”) as a result of an influenza (“flu”) vaccination administered on November 5, 2015. Petition at Preamble (ECF No. 1). During the
1 Because this Decision contains a reasoned explanation for the action in this case, the undersigned is required to post it on the United States Court of Federal Claims’ website and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc in accordance with the E- Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the Internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. 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-10 to -34 (2018) (“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.
1 case’s pendency, on October 18, 2022, Mr. Petrie passed away. Petitioner further alleges that Mr. Petrie’s death was the sequela of his alleged vaccine-related injury.
On March 7, 2025, the parties filed a stipulation recommending an award of compensation to Petitioner. Stipulation (ECF No. 165). Respondent denies that the flu vaccine caused Mr. Petrie’s alleged TM, or any other injury, and denies that Mr. Petrie’s death is a sequela of a vaccine-related injury. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.
The parties stipulate that Petitioner shall receive the following compensation:
(1) A lump sum of $200,000.00, payable to Petitioner as personal representative on behalf of the estate of Mr. Petrie, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner; and
(2) A lump sum of $37,500.00, representing reimbursement of a Medicaid lien for services rendered to Mr. Petrie by the State of New York, in the form of a check payable jointly to Petitioner and the New York State Department of Health:
New York State Department of Health Recipient: Daniel Petrie Date of Incident: 11/05/2015 Recovery Case: 223000 P.O. Box 415874 Boston, MA 02241-5874
Petitioner agrees to endorse the check to New York State Department of Health.
This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation at ¶ 8.
The undersigned approves 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 Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3
IT IS SO ORDERED. s/Nora B. Dorsey Nora B. Dorsey 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. 2 5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on behalf of Mr. Petrie as a result of his condition or his death.
6. Respondent denies that the flu vaccine caused Mr. Petrie's alleged transverse
myelitis, or any other injury, and denies that Mr. Petrie's death is a sequela of a vaccine-related
tnJury.
7. Maintaining their above-stated positions, the parties nevertheless now agree 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 of judgment 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 following vaccine compensation payments:
A. A lump sum of $200,000.00, payable to petitioner as personal representative on behalf of the estate of Mr. Petrie, to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner; and
B. A lump sum of $37,500.00, 1 representing reimbursement of a Medicaid lien for services rendered to Mr. Petrie by the State of New York, in the form of a check payable jointly to petitioner and the New York State Department of Health:
New York State Department of Health Recipient: Daniel Petrie Date of Incident: 11/05/2015 Recovery Case: 223000 P.O. Box 415874 Boston, MA 02241-5874
1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action that the State of New York may have against any individual as a result of any Medicaid payments that the State of New York has made to or on behalf of Mr. Petrie as a result of his alleged vaccine-related injury suffered on or about November 5, 2015, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h). 2 Petitioner agrees to endorse this check to the New York State Department of Health.
These amounts represent compensation for all damages that would be available under 42
U.S.C. § 300aa-15(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. § 300aa-21(a)(I) and an application, the parties will submit to further 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 they have identified to respondent all
known sources of payment for items or services for which the Vaccine Program is not primarily
liable under 42 U.S.C. § 300aa-15(g), including 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 entities that provide health services on a pre-paid basis.
11. Payments made pursuant to paragraph 8 of this Stipulation, and any amount awarded
pursuant to paragraph 9, will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the
availability of sufficient statutory funds.
12. Petitioner represents that she presently is, or within ninety days of the date of
judgment will become, duly authorized to serve as the legal representative of Mr. Petrie's estate
under the laws of the State of New York. No payments pursuant to this Stipulation shall be
made until petitioner provides the Secretary with documentation establishing petitioner's
appointment as legal representative of Mr. Petrie's estate. If petitioner is not authorized by a
court of competent jurisdiction to serve as legal representative of Mr. Petrie' s estate at the time a
payment pursuant to this Stipulation is to be made, any such payment shall be paid to the party or