Young v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 21-1126V

Filed: August 4, 2025

SHERYL YOUNG,

Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, D.C., for petitioner.

Madelyn Weeks, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On March 29, 2021, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that she suffered transverse myelitis (“TM”) as a result of the influenza (“flu”) vaccination that she received on November 27, 2019. Petition at 1; Stipulation, filed August 4, 2025, at ¶ 4. Petitioner further alleges that she has experienced the residual effects of her condition for more than six months, that there has been no prior award or settlement of a civil action for damages as a result of her condition, and that her vaccine was administered in the United States. Petition at 1, 3; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner’s alleged TM or its residual effects were caused-in-fact by the flu vaccine; and denies that the flu vaccine caused petitioner any other injury or petitioner’s current condition. ” Stipulation at ¶ 6.

Nevertheless, on August 4, 2025, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein.

Pursuant to the terms stated in the attached Stipulation, I award the following compensation:

• A lump sum of $86,785.03, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner;

• A lump sum of $4,387.36, representing reimbursement for services rendered on behalf of petitioner, in the form of a check payable jointly to petitioner and Lee Memorial Hospital:

Lee Memorial Hospital Lee Health P.O. Box 150107 Cape Coral, FL 33915

Account Numbers: 89053728, 89060429, 89104081, 89097778,

89115225, 89147051

Petitioner agrees to endorse this check to Lee Memorial Hospital. • A lump sun of $640.00, representing reimbursement for services rendered on behalf of petitioner, in the form of a check payable jointly to petitioner and Cape Coral Hospital:

Cape Coral Hospital Lee Health P.O. Box 150107 Cape Coral, FL 33915

Account Numbers: 89020402, 89042871, 89246865 Petitioner agrees to endorse this check to Cape Coral Hospital.

Stipulation at ¶ 8. These amounts represent compensation for all items of damages that would be available under § 15(a). Id.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Daniel T. Horner Daniel T. Horner Special Master