VALENTINE v. SECRETARY OF HEALTH AND HUMAN SERVICES

OCR transcription for search; preserved printed pages are authoritative

Case 1:22-vv-00994-UNJ Document 46 Filed 01/07/26 Page1of7

In the Gnited States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
No. 22-994V

2K OOK OOK OK OOK OOK OOK OK OK OOK OOK OK OK OOK OK OK KOK OK KKK KKK OK
MATTHEW VALENTINE,
Petitioner, UNPUBLISHED

Vv.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Filed: November 20, 2025

Respondent.

X¥X¥KKKKKXKXKXKXKXKKKKXK

2K OOK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK kK

Kenneth W. Thayer, ITI, Brandon J. Broderick, Attomey at Law, LLC, Ewing, NJ, for Petitioner.
Camille J ordan Webster, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT SITPULATION!

On August 18, 2022, Matthew Valentine (‘Petitioner’) filed a petition seeking
compensation under the National Vaccine Injury Compensation Program (‘the Vaccine
Program’).* ECF No. 1 (“Pet.”). Petitioner alleges he suffered from acute transverse mryelitis
(“TM”) and acute disseminated encephalomyelitis (“ADEM”) caused by the influenza (‘flu’)
vaccination he received on September 11, 2019. See Stipulation {1 2, 4, dated November 20, 2025
(ECF No. 43); see also Pet.

Respondent denies “that [P]etitioner’s alleged TM and ADEM or its residual effects were

1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted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. Id.

2 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.

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

2
caused-in-fact by the flu vaccine; and denies that the flu vaccine caused [P]etitioner any other
injury or [P]etitioner’s current condition.” See Stipulation ¶ 6. Nonetheless, both parties, while
maintaining their above-stated positions, agreed in a stipulation filed November 20, 2025, that the
issues before them can be settled and that a decision should be entered awarding Petitioner
compensation.
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 $150,000.00 be paid through an ACH deposit to petitioner’s counsel’s
IOLTA account for prompt disbursement to petitioner.
Stipulation ¶ 8. This award represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a). Id.
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.3
IT IS SO ORDERED.
s/ Jennifer A. Shah
Jennifer A. Shah
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice
renouncing their right to seek review.
Case 1:22-vv-00994-UNJ Document 46 Filed 01/07/26 Page 2 of 7

Case 1:22-vv-00994-UNJ
Document 46 Filed 01/07/26 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
MATTHEW VALENTINE,
Petitioner,
v. SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
No. 22-994V Special Master Shah ECF
STIPULATION
The parties hereby stipulate to the following matters:
1. Matthew Valentine ("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 vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a)
2. Petitioner received a flu vaccine on September 11, 2019.
3. The vaccine was administered within the United States.
4. Petitioner alleges that petitioner suffered acute transverse myelitis ("TM") and acute disseminated encephalomyelitis ("ADEM"), that was caused-in-fact by the flu vaccine. Petitioner further alleges that petitioner suffered the residual effects of the alleged injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on petitioner's behalf as a result of the alleged injury.

Case 1:22-vv-00994-UNJ Document 46
Filed 01/07/26 Page 4 of 7
6. Respondent denies that petitioner's alleged TM and ADEM 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.
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)(1), the Secretary of Health and Human Services will issue the following vaccine compensation payment:
A lump sum of $150,000.00 to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner. This amount represents 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)(1), 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 petitioner's 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-15(g), to the extent that payment has been made or can reasonably be expected to be made under any 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 by entities that provide health services on a pre-paid basis.
2

Case 1:22-vv-00994-UNJ
Document 46
Filed 01/07/26 Page 5 of 7
11. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award for attorney's fees and litigation costs, and past unreimbursed expenses, the money provided pursuant to this Stipulation 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 petitioner's individual capacity, and on behalf of petitioner's heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and 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 nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on September 11, 2019, as alleged in a petition for vaccine compensation filed on or about August 18, 2022, in the United States Court of Federal Claims as petition No. 22-994V.
14. If petitioner should 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.
3

Case 1:22-vv-00994-UNJ
Document 46 Filed 01/07/26 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, 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's alleged injury or any other injury or petitioner's current disabilities.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:22-vv-00994-UNJ

Respectfully submitted,

PETITIONER:

ATTORNEY OF RECORD
FOR PETITIONER:

nee Ww. THAYER”
850 Bear Tavern Road
Suite 106 .

Ewing, NJ 08628

(609) 434-2037 ~

AUTHORIZED REPRESENTATIVE
OF THE SECRETARY OF HEALTH
AND HUMAN SERVICES:

Jeffrey's, Seren?
Beach:-S ‘meee of

CAPT GEORGE REED GRIMES, MD, MPH

Director, Division of Injury
Compensation Programs

Health Systems Bureau

Health Resources and Services
Administration

U.S. Department of Health
and Human Services

5600 Fishers Lane, 14W-18"

Rockville, MD 20857

Dated: | | [do (2 5

Document 46

Filed 01/07/26 Page 7 of7

AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:

Meru,
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:

Len J. WEBSTER

Trial Attorney

Torts Branch

Civil Division

US. Department of Justice
P.O. Box 146

Benjamin Franklin Station
Washington, DC 20044-0146
(202) 307-3241

Camille. Webster@usdoj.gov