VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_09-vv-00779 Package ID: USCOURTS-cofc-1_09-vv-00779 Petitioner: C.B. Filed: 2016-05-27 Decided: 2016-05-27 Vaccine: DTaP Vaccination date: 2007-02-20 Condition: encephalopathy, seizure disorder, and profound developmental delays Outcome: compensated Award amount USD: 75000 AI-assisted case summary: On May 27, 2016, Emi Burke and Kevin Burke, as parents and legal representatives of C.B., filed a petition alleging that their minor son's receipt of the Diphtheria-Tetanus-acellular Pertussis (DTaP), inactivated polio (IPV), hepatitis B (Hep B), hemophilus influenza b (Hib), and pneumococcal conjugate (PCV) vaccines on February 20, 2007, caused him to develop encephalopathy, seizure disorder, and profound developmental delays. The petitioners further alleged that C.B. suffered the residual effects of these injuries for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused C.B.'s alleged conditions. Despite the respondent's denial of causation, the parties reached a joint stipulation to resolve the case. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded compensation in the amount of $75,000.00, payable as a lump sum to petitioners as guardians/conservators of the estate of C.B. This award represents compensation for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific onset of symptoms, clinical details, diagnostic tests, treatments, or expert witnesses involved in this case. Ronald W. Cox represented the petitioners, and Glenn A. MacLeod represented the respondent. The decision was issued on May 27, 2016. Theory of causation field: Petitioners alleged that the DTaP, IPV, Hep B, Hib, and PCV vaccines administered on February 20, 2007, caused C.B. to develop encephalopathy, seizure disorder, and profound developmental delays, with residual effects lasting more than six months. The respondent denied causation. The parties reached a joint stipulation for compensation, and Special Master Laura D. Millman awarded a lump sum of $75,000.00. The public decision does not detail the specific mechanism of injury, expert testimony, or the evidence considered in reaching the stipulation. Petitioners' counsel was Ronald W. Cox, and respondent's counsel was Glenn A. MacLeod. The decision date was May 27, 2016. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_09-vv-00779-0 Date issued/filed: 2016-06-17 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: ) regarding 106 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:09-vv-00779-UNJ Document 110 Filed 06/17/16 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 09-779V Filed: May 27, 2016 Not for Publication ************************************* EMI BURKE and KEVIN BURKE, * as Parents/Next Friends and * Damages decision based on Legal Representatives of C.B., * stipulation; Diphtheria-Tetanus- Their Minor Son, * acellular Pertussis (“DTaP”) * vaccine; inactivated polio vaccine Petitioners, * (“IPV”); hepatitis B (“Hep B”) * vaccine; hemophilus influenza b v. * (“Hib”) vaccine; pneumococcal * conjugate vaccine (“PCV”); SECRETARY OF HEALTH * encephalopathy; seizure disorder; AND HUMAN SERVICES, * profound developmental delays * Respondent. * * ************************************* Ronald W. Cox, Rockville, MD, for petitioners. Glenn A. MacLeod, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On May 27, 2016, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioners allege that their son’s receipt of the Diphtheria-Tetanus-acellular Pertussis (“DTaP”), inactivated polio (“IPV”), hepatitis B (“Hep B”), hemophilus influenza b (“Hib”), and pneumococcal conjugate (“PCV”) vaccines on February 20, 2007 caused him to develop an encephalopathy, seizure disorder, and profound developmental delays. Petitioners further allege that C.B. suffered the residual effects of these 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-00779-UNJ Document 110 Filed 06/17/16 Page 2 of 8 injuries for more than six months. Respondent denies that the DTaP, IPV, Hep B, Hib, or PCV vaccines caused C.B. to develop an encephalopathy, seizure disorder, profound developmental delays, 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 hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of $75,000.00, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2012). The award shall be in the form of a check payable to petitioners as guardians/conservators of the estate of C.B. in the amount of $75,000.00. 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: May 27, 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 Case 1:09-vv-00779-UNJ Document 110 Filed 06/17/16 Page 3 of 8 Case 1:09-vv-00779-UNJ Document 110 Filed 06/17/16 Page 4 of 8 Case 1:09-vv-00779-UNJ Document 110 Filed 06/17/16 Page 5 of 8 Case 1:09-vv-00779-UNJ Document 110 Filed 06/17/16 Page 6 of 8 Case 1:09-vv-00779-UNJ Document 110 Filed 06/17/16 Page 7 of 8 Case 1:09-vv-00779-UNJ Document 110 Filed 06/17/16 Page 8 of 8