VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_10-vv-00103 Package ID: USCOURTS-cofc-1_10-vv-00103 Petitioner: J.E. Filed: 2010-02-18 Decided: 2015-08-05 Vaccine: HPV Vaccination date: 2007-07-16 Condition: cerebral vasculitis Outcome: compensated Award amount USD: 200000 AI-assisted case summary: On February 18, 2010, Lisa Ericzon, as parent and legal representative of the estate of J.E., filed a petition under the National Vaccine Injury Compensation Program on behalf of her minor child, J.E. The petition alleged that J.E. developed cerebral vasculitis caused by the Human Papillomavirus (HPV) vaccine, and that J.E.'s death was a sequela of this injury. J.E. received the HPV vaccine on July 16, 2007, September 17, 2007, and February 20, 2008. The respondent, the Secretary of Health and Human Services, denied that the HPV vaccines caused J.E.'s cerebral vasculitis, any other injury, or her death. Despite the respondent's denial, the parties filed a joint stipulation for damages on July 9, 2015. The stipulation stated that the petitioner would receive a lump sum of $200,000.00 as compensation for all items of damages. Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Judgment was to be entered in accordance with the stipulation, unless a motion for review was filed. Ronald Craig Homer represented the petitioner, and Debra A. Filteau Begley represented the respondent. The public decision does not describe the onset of symptoms, specific clinical details of J.E.'s condition, any diagnostic tests performed, or treatments received. The specific mechanism of causation was not detailed in the public decision. Theory of causation field: Petitioner Lisa Ericzon, on behalf of minor J.E., alleged that J.E. developed cerebral vasculitis caused by the Human Papillomavirus (HPV) vaccine, administered on July 16, 2007, September 17, 2007, and February 20, 2008, leading to J.E.'s death. Respondent denied causation. The parties filed a joint stipulation for damages, agreeing to a lump sum award of $200,000.00 for all items of damages. Special Master Nora Beth Dorsey adopted the stipulation as the decision. The public text does not specify the medical experts consulted, the proposed mechanism of injury, or detailed clinical evidence supporting the petitioner's theory. The theory of causation is not elaborated upon in the public decision beyond the allegation that the HPV vaccine caused cerebral vasculitis and subsequent death. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_10-vv-00103-0 Date issued/filed: 2015-08-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/09/2015) regarding 140 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:10-vv-00103-UNJ Document 145 Filed 08/05/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 10-103V Filed: July 9, 2015 * * * * * * * * * * * * * * * * UNPUBLISHED LISA ERICZON, parent and legal, * representative of the estate of J.E., * * Petitioner, * Special Master Dorsey * v. * * SECRETARY OF HEALTH * Joint Stipulation on Damages; AND HUMAN SERVICES, * Human Papillomavirus (HPV) * Vaccine; Gardasil; Cerebral Respondent. * Vasculitis; Death. * * * * * * * * * * * * * * * * * Ronald Craig Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner. Debra A. Filteau Begley, United States Department of Justice, Washington, DC, for respondent. DECISION1 On February 18, 2010, Lisa Ericzon (“petitioner”), filed a petition, on behalf of her minor child, J.E., pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that J.E. developed cerebral vasculitis that was caused by her receipt of the Human Papillomavirus (“HPV”) vaccine administered to her on July 16, 2007, September 17, 2007, and February 20, 2008. Petitioner further alleged that J.E.’s death 1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this ruling on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by Vaccine Rule 18(b), each party has 14 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). 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 1 Case 1:10-vv-00103-UNJ Document 145 Filed 08/05/15 Page 2 of 7 was a sequelae of her alleged injury. On July 9, 2015, the parties filed a stipulation, stating that a decision should be entered awarding compensation. Respondent denies that J.E.’s HPV vaccines caused her cerebral vasculitis, any other injury, or her death. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulated that petitioner shall receive the following compensation: A lump sum of $200,000.00, in the form of a check payable to petitioner as conservator of J.E.’s estate. This amount represent compensation for all items of damages that would be available under 42 U.S.C. § 300-aa-15(a). Stipulation ¶ 8. The undersigned approves the requested amount for petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/ Nora Beth Dorsey Nora Beth Dorsey Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:10-vv-00103-UNJ Document 145 Filed 08/05/15 Page 3 of 7 Case 1:10-vv-00103-UNJ Document 145 Filed 08/05/15 Page 4 of 7 Case 1:10-vv-00103-UNJ Document 145 Filed 08/05/15 Page 5 of 7 Case 1:10-vv-00103-UNJ Document 145 Filed 08/05/15 Page 6 of 7 Case 1:10-vv-00103-UNJ Document 145 Filed 08/05/15 Page 7 of 7