VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_09-vv-00694
Package ID: USCOURTS-cofc-1_09-vv-00694
Petitioner: L.A.B.
Filed: 2016-10-20
Decided: 2016-10-20
Vaccine: DTaP
Vaccination date: 2006-10-25
Condition: seizures and developmental delay
Outcome: compensated
Award amount USD: 1218496

AI-assisted case summary:
On October 20, 2016, Tami L. Baldwin, as Guardian Ad Litem for her minor daughter, L.A.B., filed a petition alleging that L.A.B. suffered seizures and developmental delay caused-in-fact or significantly aggravated by receipt of the diphtheria-tetanus-acellular pertussis (DTaP) vaccine, hepatitis B (Hep B) vaccine, haemophilus influenza type B (HIB) vaccine, inactivated polio vaccine (IPV), and pneumococcal conjugate (PCV7) vaccine. L.A.B. received DTaP, Hep B, HIB, IPV, and PCV7 vaccines on October 25, 2006, and Hep B and PCV7 vaccines on January 2, 2007. The respondent, the Secretary of Health and Human Services, denied that the vaccines administered caused or significantly aggravated L.A.B.'s alleged seizures, developmental delay, or any other injury. Despite the denial of causation, the parties reached a joint stipulation to settle the case. Special Master Laura D. Millman approved the stipulation, finding its terms reasonable. The court awarded compensation based on the stipulation. The award included a lump sum of $1,162,811.79 for first-year life care expenses ($148,542.50), lost future earnings ($809,205.98), and pain and suffering ($205,063.31). This lump sum was to be paid via check to Tami L. Baldwin as guardian/conservator for L.A.B. Additionally, a lump sum of $55,684.86 was awarded to reimburse a Medicaid lien for services rendered to L.A.B. This amount was to be paid via check jointly to Tami L. Baldwin and the Department of Health Care Policy and Financing. The stipulation also included an amount sufficient to purchase an annuity contract, the details of which are described in paragraph 10 of the attached stipulation. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the names of any medical experts consulted by either party. The decision also does not detail the specific mechanism of injury alleged by the petitioner.

Theory of causation field:
Petitioner alleged that L.A.B. suffered seizures and developmental delay caused-in-fact or significantly aggravated by receipt of DTaP, Hep B, HIB, IPV, and PCV7 vaccines administered on October 25, 2006, and Hep B and PCV7 vaccines administered on January 2, 2007. Respondent denied causation. The parties reached a joint stipulation for compensation, which was approved by Special Master Laura D. Millman on October 20, 2016. The award included a lump sum of $1,162,811.79 for life care expenses, lost future earnings, and pain and suffering, plus $55,684.86 for reimbursement of a Medicaid lien, and an amount for an annuity. The public decision does not detail the specific medical mechanism of causation, expert testimony, or the specific clinical presentation of the alleged injuries.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_09-vv-00694-0
Date issued/filed: 2016-11-22
Pages: 11
Docket text: PUBLIC DECISION (Originally filed: 10/20/2016) regarding 91 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties.
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Case 1:09-vv-00694-UNJ Document 96 Filed 11/22/16 Page 1 of 11
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 09-694V
Filed: October 20, 2016
Not for Publication
*************************************
TAMI L. BALDWIN, as Guardian *
Ad Litem for Her Minor Daughter, L.A.B., *
* Damages decision based on stipulation;
Petitioner, * seizures; developmental delay;
v. * diphtheria-tetanus-acellular pertussis
* (“DTaP”) vaccine; hepatitis B (“Hep
SECRETARY OF HEALTH * B”) vaccine; haemophilus influenza
AND HUMAN SERVICES, * type B (“HIB”) vaccine; inactivated
* polio vaccine (IPV”); pneumococcal
Respondent. * conjugate (PCV7”) vaccine
*
*************************************
Neal J. Fialkow, Pasadena, CA, for petitioner.
Lisa A. Watts, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On October 20, 2016, the parties filed the attached stipulation in which they agreed to
settle this case and described the settlement terms. Petitioner alleges that her minor daughter,
L.A.B., suffered seizures and developmental delay that were caused-in-fact or significantly
aggravated by her receipt of diphtheria-tetanus-acellular pertussis (“DTaP”) vaccine, hepatitis B
(“Hep B”) vaccine, haemophilus influenza type B (“HIB”) vaccine, inactivated polio vaccine
(IPV”) and pneumococcal conjugate (PCV7”) vaccine. L.A.B. received DTaP, Hep B, HIB,
IPV, and PCV 7 vaccines on October 25, 2006, and Hep B and PCV7 vaccines on January 2,
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision 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). Vaccine Rule 18(b) states that
all decisions of the special masters will be made available to the public unless they contain trade secrets
or commercial or financial information that is privileged and confidential, or medical or similar
information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a
decision is filed, petitioner has 14 days to identify and move to redact such information prior to the
document=s disclosure. If the special master, upon review, agrees that the identified material fits within
the banned categories listed above, the special master shall redact such material from public access.

Case 1:09-vv-00694-UNJ Document 96 Filed 11/22/16 Page 2 of 11
2007. Respondent denies that the vaccines administered to L.A.B. on October 25, 2006 and
January 2, 2007 caused or significantly aggravated L.A.B.’s alleged seizures, developmental
delay, or any other injury. Nonetheless, the parties agreed to resolve this matter informally.
The undersigned finds the terms of the stipulation to be reasonable. The court adopts the
parties’ attached stipulation, and awards compensation in the amount and on the terms set forth
in the stipulation. Pursuant to the stipulation, the court awards:
a. a lump sum of $1,162,811.79, representing compensation for first year life care expenses
($148,542.50), lost future earnings ($809,205.98), and pain and suffering ($205,063.31).
The award shall be in the form of a check for $1,162,811.79 made payable to petitioner
as guardian/conservator of the estate of L.A.B. for the benefit of L.A.B; and
b. a lump sum of $55,684.86, representing reimbursement of a Medicaid lien for services
rendered on behalf of L.A.B. The award shall be in the form of a check for $55,684.86,
made payable jointly to petitioner and
Department of Health Care Policy and Financing
1570 Grant Street
Denver, CO 80203-1818
Attn: Heather R. Thompson
State I.D. No: G375854
Petitioner agrees to endorse this check to the Department of Health Care Policy and
Financing; and
c. an amount sufficient to purchase the annuity contract described in paragraph 10 of the
attached stipulation.
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.2
IT IS SO ORDERED.
Dated: October 20, 2016 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

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