McNamara v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-430V Filed: April 29, 2025 * * * * * * * * * * * * * JULIE MCNAMARA, Administrator of * Estate of Amy Thompson, * * Petitioner, * * * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Ronald C. Homer, Esq., Conway, Homer, P.C., Boston, MA, for petitioner.

Christopher Pinto, Esq., US Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1 Roth, Special Master: On March 22, 2019, Amy Thompson filed a petition for compensation under the National Vaccine Injury Compensation Program, 2 alleging that she developed transverse myelitis (“TM”) as a result of the influenza (“flu”) vaccine she received on October 4, 2016. Petition, ECF No. 1; Stipulation, filed April 29, 2025, at ¶¶ 1-4. In 2023, Ms. Thompson passed away, and the case caption was amended to reflect Julie McNamara (“petitioner”), the administrator of Ms. Thompson’s estate, as the petitioner in this case. ECF Nos. 70, 73. Respondent denies that the aforementioned immunization caused petitioner’s injury. Stipulation at ¶ 6.

Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted 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, I agree that the identified material fits within this definition, I will redact such material from public access.

National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018).

Nevertheless, the parties have agreed to settle the case. On April 29, 2025, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms.

Respondent agrees to issue the following payment: a. A lump sum of $108,000.00 to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner as the personal representative of the estate of Amy Thompson; and b. A lump sum of $14,462.78 to satisfy a State of Illinois Medicaid lien, in the form of a check made payable jointly to petitioner and: Illinois Department of Healthcare and Family Services Bureau of Collections Personal Injury Unit PO Box 19174 Springfield, Illinois 62794-9174 Case No: 93-244-0605133026 This amount represents compensation for all damages that would be available under § 300aa-15(a).

I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision. 3 IT IS SO ORDERED.

s/ Mindy Michaels Roth Mindy Michaels Roth Special Master

Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review.