VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_05-vv-00975
Package ID: USCOURTS-cofc-1_05-vv-00975
Petitioner: S.W.
Filed: 2005-09-09
Decided: 2016-11-22
Vaccine: DTaP
Vaccination date: 2002-09-19
Condition: seizure disorder and developmental delay
Outcome: compensated
Award amount USD: 200000

AI-assisted case summary:
On September 9, 2005, William Walsh and Christen Walsh, parents of S.W., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that a diphtheria-tetanus-acellular pertussis (DTaP) vaccine administered on September 19, 2002, caused S.W. to suffer a seizure disorder and developmental delay. In the alternative, they alleged that the DTaP vaccine significantly aggravated S.W.'s seizure disorder and developmental delay. Respondent denied that the vaccine caused or significantly aggravated S.W.'s seizure disorder, developmental delays, or any other injury or his current condition. Nevertheless, the parties filed a joint stipulation on November 21, 2016, agreeing to resolve the case by stipulation. The stipulation required that petitioners represent they were, or within 90 days would become, duly authorized guardians or conservators of S.W.'s estate. Payment would not be made until documentation of this appointment was provided to the Secretary. If petitioners were not appointed, payment would be made to the duly appointed guardian or conservator upon submission of documentation. Special Master Thomas L. Gowen adopted the stipulation on November 22, 2016. Petitioners were awarded a lump sum payment of $200,000.00, payable to William Walsh and Christen Walsh as legal guardians/conservators of S.W. This amount represented compensation for all damages available under the Vaccine Act. The public decision does not provide S.W.'s exact age at vaccination, onset date of symptoms, clinical course, or expert causation analysis. Ronald Homer of Conway, Homer & Chin-Caplan, P.C. represented the petitioners, and Linda Sara Renzi represented the respondent.

Theory of causation field:
Petitioners alleged that a DTaP vaccine administered on September 19, 2002, caused or significantly aggravated a seizure disorder and developmental delay in minor S.W. Respondent denied causation and significant aggravation. The parties resolved the case via joint stipulation, with Special Master Thomas L. Gowen adopting the stipulation on November 22, 2016. The award was a $200,000 lump sum, payable to William and Christen Walsh as legal guardians/conservators of S.W., representing all damages available under the Vaccine Act, contingent upon documentation of guardianship/conservatorship. The public decision does not detail the specific mechanism of injury, onset date, clinical timeline, or expert testimony regarding causation. Petitioners' counsel was Ronald Homer, Conway, Homer & Chin-Caplan; respondent's counsel was Linda Sara Renzi. Petition filed September 9, 2005; stipulation filed November 21, 2016.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_05-vv-00975-0
Date issued/filed: 2016-12-20
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 11/22/2016) regarding 91 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:05-vv-00975-UNJ Document 96 Filed 12/20/16 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: November 22, 2016
* * * * * * * * * * * * * * * * * * *
WILLIAM WALSH and *
CHRISTEN WALSH, parents of * No. 05-975v
S.W., a minor, *
* UNPUBLISHED OPINION
Petitioners, *
v. * Decision on Damages; Diphtheria-
* Tetanus-Acellular Pertussis;
SECRETARY OF HEALTH * Seizure Disorder; Developmental
AND HUMAN SERVICES, * Delays.
*
Respondent. *
* * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA for petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC for respondent.
DECISION ON JOINT STIPULATION1
Gowen, Special Master:
On September 9, 2005, William Walsh and Christen Walsh on behalf of their son
S.W. (“petitioners”) filed a petition for compensation under the National Vaccine Injury
Compensation Program, 42 U.S.C. §300aa-10, et seq.2 [the “Vaccine Act” or “Program”].
Petitioners allege that as a result of a diphtheria-tetanus-acellular pertussis (“DTaP”)
vaccine administered on September 19, 2002, S.W. suffered a seizure disorder and
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I
intend to post this ruling on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner
has 14 days to identify and move to delete 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 delete such material from public access.
2 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 (2012).
1

Case 1:05-vv-00975-UNJ Document 96 Filed 12/20/16 Page 2 of 8
developmental delay. Stipulation at ¶ 4. In the alternative, petitioners allege that S.W.’s
seizure disorder and developmental delay were significantly aggravated by receipt of the
DTaP vaccine. Id.
On November 21, 2016, the parties filed a stipulation stating that compensation
should be awarded to petitioners. Respondent denies that the vaccine caused or
significantly aggravated S.W.’s seizure disorder, developmental delays, or any other injury
or his current condition. Nevertheless, the parties agree to the stipulation attached hereto
as Appendix A. Petitioners represent that they presently are, or within 90 days of the date
of the judgment will become, duly authorized to serve as guardians/ conservators of S.W.’s
estate. Stipulation at ¶ 13. No payment pursuant to the stipulation shall be made until
petitioners provide the Secretary with documentation establishing their appointment as
guardians/ conservators of S.W.’s estate. Id. If petitioners are not authorized by a court of
competent jurisdiction to serve as guardians and conservators of the estate of S.W., at the
time a payment pursuant to this stipulation is to be made, any such payment shall be paid
to the party or parties appointed by a court of competent jurisdiction to serve as guardians/
conservators of the estate of S.W. upon submission of written documentation of such
appointment to the Secretary. Id.
The undersigned finds the stipulation reasonable and adopts it as the decision of the
Court in awarding damages, on the terms set forth therein.
Petitioners shall receive the following compensation:
1) A lump sum payment of $200,000.00 in the form of a check payable to
petitioners William Walsh and Christen Walsh, as legal guardians/
conservators of S.W. This amount represents compensation for all damages
that would be available under 42 U.S.C. § 300aa-15(a).
The Clerk of the Court is directed to enter judgment in accordance with the parties’
stipulation.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

CCaassee 11::0055--vvvv--0000997755--UUNNJJ DDooccuummeenntt 9906 FFiilleedd 1112//2210//1166 PPaaggee 13 ooff 68

CCaassee 11::0055--vvvv--0000997755--UUNNJJ DDooccuummeenntt 9906 FFiilleedd 1112//2210//1166 PPaaggee 24 ooff 68

CCaassee 11::0055--vvvv--0000997755--UUNNJJ DDooccuummeenntt 9906 FFiilleedd 1112//2210//1166 PPaaggee 35 ooff 68

CCaassee 11::0055--vvvv--0000997755--UUNNJJ DDooccuummeenntt 9906 FFiilleedd 1112//2210//1166 PPaaggee 46 ooff 68

CCaassee 11::0055--vvvv--0000997755--UUNNJJ DDooccuummeenntt 9906 FFiilleedd 1112//2210//1166 PPaaggee 57 ooff 68

CCaassee 11::0055--vvvv--0000997755--UUNNJJ DDooccuummeenntt 9906 FFiilleedd 1112//2210//1166 PPaaggee 68 ooff 68