GREENBERG v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1493 V ************************* * MELISSA GREENBERG and RICHARD * GREENBERG, parents of M.G., a minor, * Chief Special Master Corcoran * Petitioners, * Filed: January 28, 2025 * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************* Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.

Mark K. Hellie, U.S. Dep’t of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1 On October 29, 2020, Melissa Greenberg and Richard Greenberg, on behalf of their minor daughter, M.G., filed a petition seeking compensation under the National Vaccine Injury Compensation Program (the “Vaccine Program”). 2 Petitioners allege that M.G. suffered from acute disseminated encephalomyelitis (“ADEM”) or myelin oligodendrocyte glycoprotein (“MOG”) antibody disease as a result of her November 8, 2017, receipt of the influenza (“flu”) vaccine. Moreover, Petitioners allege that M.G. experienced the residual effects of this injury for more than six months.

Under Vaccine Rule 18(b), each party has fourteen (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). Otherwise, the whole Decision will be available to the public in its present form. Id. The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”).

Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix).

Respondent denies that the flu vaccine caused M.G.’s alleged ADEM, MOG antibody disease, any other injury, or her current condition. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on January 27, 2025) that the issues before them could be settled, and that a decision should be entered awarding Petitioners compensation.

I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) 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 $115,000.00 in the form of a check payable to Petitioners, as guardians/conservators of M.G.’s estate; and • a lump sum of $20,000.00 in the form of a check payable to Petitioners for unreimbursed out-of-pocket expenses.

Stipulation ¶ 8. These amounts represent compensation for all damages that would be available under Section 15(a) of the Act.

I approve a Vaccine Program award in the requested amounts set forth above to be made to Petitioners. 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. 3

IT IS SO ORDERED.

/s/ Brian H. Corcoran Brian H. Corcoran Chief Special Master

Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review.