VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_10-vv-00545
Package ID: USCOURTS-cofc-1_10-vv-00545
Petitioner: D.T.W.
Filed: 2015-09-29
Decided: 2015-09-29
Vaccine: DTaP
Vaccination date: 2007-11-01
Condition: seizures and infantile spasms
Outcome: compensated
Award amount USD: 9300

AI-assisted case summary:
On September 29, 2015, Jeffery Todd Wade and Allison Renee Wade, on behalf of their minor son D.T.W., filed a petition for vaccine compensation. They alleged that D.T.W. suffered seizures and infantile spasms as a result of receiving diphtheria-tetanus-acellular pertussis (DTaP), inactivated poliovirus (IPV), hemophilus influenza type b (Hib), hepatitis B (Hep B), pneumococcal conjugate (PCV), and rotavirus vaccines on November 1, 2007, and May 20, 2009. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused D.T.W.'s alleged injuries. The parties reached a stipulation to resolve the case, which Special Master Laura D. Millman adopted. The award included a lump sum of $9,300.00 for past unreimbursable expenses and all other damages available under 42 U.S.C. § 300aa-15(a). Additionally, an amount sufficient to purchase an annuity contract was awarded for D.T.W.'s future damages, with payments of $48,855.52 annually for four years certain, beginning September 4, 2025. The annuity contract was to be owned by the Secretary of Health and Human Services. Separately, on January 11, 2016, Special Master Millman issued a decision awarding attorneys' fees and costs based on a stipulation. The parties agreed to a total of $91,338.08 for attorneys' fees and costs, payable by check jointly to petitioners and Ragsdale, L.L.C. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments D.T.W. underwent. The theory of causation was based on the Vaccine Injury Table.

Theory of causation field:
Petitioners alleged that D.T.W. suffered seizures and infantile spasms as a result of receiving DTaP, IPV, Hib, Hep B, PCV, and rotavirus vaccines on November 1, 2007, and May 20, 2009. The respondent denied causation. The case was resolved via stipulation, with the Special Master adopting the terms. The stipulation indicated that the vaccines are contained in the Vaccine Injury Table. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. The award included a lump sum of $9,300.00 for past unreimbursable expenses and damages, and an annuity for future damages totaling $48,855.52 annually for four years certain, beginning September 4, 2025. Attorneys' fees and costs were awarded separately in the amount of $91,338.08. Special Master Laura D. Millman issued the decisions on September 29, 2015 (damages) and January 11, 2016 (fees). Petitioners' counsel was Milton C. Ragsdale, IV, and respondent's counsel was Ann D. Martin.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_10-vv-00545-0
Date issued/filed: 2015-10-20
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 09/29/2015) regarding 99 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties.
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Case 1:10-vv-00545-UNJ Document 104 Filed 10/20/15 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 10-545V
Filed: September 29, 2015
Not for Publication
*************************************
JEFFERY TODD WADE and ALLISON *
Damages decision based on
RENEE WADE, and Their Minor Son, *
stipulation; diphtheria-tetanus-
D.T.W., *
acellular pertussis vaccine
*
(“DTaP”); inactivated poliovirus
Petitioners, *
vaccine (“IPV”); hemophilus
v. *
influenza type b vaccine (“Hib”);
*
hepatitis B vaccine (“Hep B”);
SECRETARY OF HEALTH *
pneumococcal conjugate vaccine
AND HUMAN SERVICES, *
(“PCV”); rotavirus vaccine;
*
seizures; infantile spasms
Respondent. *
*
*************************************
Milton C. Ragsdale, IV, Birmingham, AL, for petitioner.
Ann D. Martin, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On September 28, 2015, the parties filed the attached stipulation in which they agreed to
settle this case and described the settlement terms. Petitioners allege that their son, D.T.W.,
suffered seizures and infantile spasms that resulted from his November 1, 2007, and May 20,
2009, receipt of the diphtheria-tetanus-acellular pertussis (“DTaP”), inactivated poliovirus
(“IPV”), hemophilus influenza type b (“Hib”), hepatitis B (“Hep B”), pneumococcal conjugate
(“PCV”), and rotavirus vaccines. Petitioners further allege that D.T.W. suffered the residual
effects of this injury for more than six months. Respondent denies that D.T.W.’s alleged
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’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat.
2899, 2913 (Dec. 17, 2002). 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 delete 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 delete such material from public access.

Case 1:10-vv-00545-UNJ Document 104 Filed 10/20/15 Page 2 of 9
seizures and infantile spasms, or any other injury, were caused by the DTaP, IPV, Hep B, PCV,
Hib, or rotavirus vaccines. 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. a lump sum of $9,300.00, representing compensation for past unreimbursable expenses
and all damages that would be available under 42 U.S.C. § 300aa-15(a). The award shall
be in the form of a check for $9,300.00 made payable to petitioners Jeffery Todd Wade
and Allison Renee Wade; and
b. an amount sufficient to purchase the annuity contract described in paragraphs 9-11 of the
attached stipulation, paid to the life insurance company from which the annuity will be
purchased.
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: September 29, 2015 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 1:10-vv-00545-UNJ Document 104 Filed 10/20/15 Page 3 of 9
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JEFFERY TODD WADE and ALLISON )
RENEE WADE, and their minor son, )
D.T.W., )
)
Petitioners, ) No. 10-545V
v. ) Special Master Millman
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
1. On behalf of their son, D.T.W., Jeffery Todd Wade and Allison Renee Wade
(“petitioners”) 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 D.T.W.’s receipt of the diphtheria-tetanus-acellular
pertussis (“DTaP”), inactivated poliovirus (“IPV”) , hemophilus influenzae type b (“Hib”),
hepatitis B (“Hep B”), pneumococcal conjugate (“PCV”), and rotavirus vaccines, which vaccines
are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3 (a).
2. D.T.W. received DTaP, IPV, Hep B, PCV, Hib, and rotavirus immunizations on
November 1, 2007. He received DTaP, IPV, Hep B, and PCV immunizations on May 20, 2009.
3. The vaccines were administered within the United States.
4. Petitioners allege that D.T.W. suffered seizures and infantile spasms as a result of the
vaccines that he received on November 1, 2007, and/or on May 20, 2009, and that DTW
experienced residual effects of these injuries for more than six months.

Case 1:10-vv-00545-UNJ Document 104 Filed 10/20/15 Page 4 of 9
5. Petitioners represent that there has been no prior award or settlement of a civil action
for damages on behalf of D.T.W.as a result of his condition.
6. Respondent denies that the vaccines D.T.W. received on November 1, 2007, and/or on
May 20, 2009, caused seizures, infantile spasms, or any other injury or 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 petitioners havefiled 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 payments:
a. A lump sum of $9,300.00,which amount represents compensation for past
unreimbursable expenses, in the form of a check payable to petitioners, Jeffery
Todd Wade and Allison Renee Wade.
The amount set forth in paragraph 8.a. represents compensation for all damages
that would be available under 42 U.S.C. § 300aa-15(a), except as set forth in
paragraph 8.b.
b. An amount sufficient to purchase the annuity contract described in paragraph 10
below, paid to the life insurance company from which the annuity will be
purchased (the “Life Insurance Company”).
9. The Life Insurance Company must have a minimum of $250,000,000.00 capital and
surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company
must have one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody’s Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c. Standard and Poor’s Corporation Insurer Claims-Paying Ability Rating: AA-,
AA, AA+, or AAA;
2

Case 1:10-vv-00545-UNJ Document 104 Filed 10/20/15 Page 5 of 9
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating:
AA-, AA, AA+, or AAA.
10. The Secretary of Health and Human Services agrees to purchase an annuity contract
from the Life Insurance Company for the benefit of D.T.W., pursuant to which the Life
Insurance Company will agree to make payments periodically to D.T.W.for all remaining
damages that would be available under 42 U.S.C. §300aa-15(a), as follows:
Beginning September 4, 2025, $48,855.52 payable annually for a period of four
(4) years certainonly.
The payments provided for in this paragraph 10 shall be made as set forth above. Should D.T.W.
predecease the exhaustion of any certain payments set forth above, any remaining certain
payments shall be made to his estate. Written notice to the Secretary of Health and Human
Services and to the Life Insurance Company shall be provided within twenty (20) days of
D.T.W.’s death.
11. The annuity contract will be owned solely and exclusively by the Secretary of Health
and Human Services and will be purchased as soon as practicable following the entry ofa
judgment in conformity with this Stipulation. The parties stipulate and agree that the Secretary
of Health and Human Services and the United States of America are not responsible for the
payment of any sums other than the amounts set forth in paragraph8 herein and the amounts
awarded pursuant to paragraph 12 herein, and that they do not guarantee or insure any of the
future annuity payments. Upon the purchase of the annuity contract, the Secretary of Health and
Human Services and the United States of America are released from any and all obligations with
respect to future annuity payments.
12. As soon as practicable after the entry of judgment on entitlement in this case, and
after petitioners havefiled both a proper and timely election to receive compensation pursuant to
3

Case 1:10-vv-00545-UNJ Document 104 Filed 10/20/15 Page 6 of 9
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.
13. Petitioners andtheir 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.
14. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 12 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i),
subject to the availability of sufficient statutory funds.
15. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys’ fees and litigation costs and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of D.T.W.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).
16. In return for the payments described in paragraphs 8 and 12, petitioners, intheir
individual capacities and as legal representatives of D.T.W., on behalf of themselves,D.T.W.,
and his heirs, executors, administrators, successors or assigns, do 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
4

Case 1:10-vv-00545-UNJ Document 104 Filed 10/20/15 Page 7 of 9
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. § 300 aa-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 D.T.W.resulting from, or alleged to have resulted
from, the vaccinations administered on or about November 1, 2007,and/or on May 20, 2009, as
alleged by petitioners in a petition for vaccine compensation filed on or about August 12, 2010,
in the United States Court of Federal Claims as petition No. 10-545V.
17. If D.T.W.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.
18. 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.
19. 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 12 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.
5

Case 1:10-vv-00545-UNJ Document 104 Filed 10/20/15 Page 8 of 9
20. Petitioners hereby authorize respondent to disclose documents filed by petitioners in
this case consistent with the Privacy Act and the routine uses described in the National Vaccine
Injury Compensation Program System of Records, No. 09-15-0056.
21. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that DTaP, IPV, Hep B, PCV, Hib, and/or rotavirus
caused D.T.W.to suffer seizures and infantile spasms,or any other injury or condition.
22. All rights and obligations of petitionershereunder shall apply equally to petitioners’
heirs, executors, administrators, successors, and/or assigns as legal representatives of DTW.
END OF STIPULATION
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Case 1:10-vv-00545-UNJ Document 104 Filed 10/20/15 Page 9 of 9

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DOCUMENT 2: USCOURTS-cofc-1_10-vv-00545-1
Date issued/filed: 2016-02-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/11/2016) regarding 106 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties.
--------------------------------------------------------------------------------
Case 1:10-vv-00545-UNJ Document 109 Filed 02/01/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 10-545V
Filed: January 11, 2016
Not for Publication
*************************************
JEFFERY TODD WADE and ALLISON *
Attorneys’ fees and costs decision
RENEE WADE, and Their Minor Son, *
based on stipulation of fact
D.T.W., *
*
Petitioners, *
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Milton C. Ragsdale, IV, Birmingham, AL, for petitioner.
Ann D. Martin, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On January 11, 2016, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case. In accordance with the General
Order #9 requirement, petitioners filed a statement on January 11, 2016, asserting that they did
not incur any costs in pursuit of their petition.
Petitioners submitted their request for attorneys’ fees and costs to respondent. During
informal discussions, respondent raised objections to certain items in petitioners’ application.
Based on these objections, petitioners amend their application for attorneys’ fees and costs to
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’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat.
2899, 2913 (Dec. 17, 2002). 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 1:10-vv-00545-UNJ Document 109 Filed 02/01/16 Page 2 of 2
$91,338.08. Respondent does not object to this amount. The undersigned finds this amount to
be reasonable. Accordingly, the court awards $91,338.08, representing reimbursement for
attorneys’ fees and costs. The award shall be in the form of a check payable jointly to petitioners
and Ragsdale, L.L.C. in the amount of $91,338.08.
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: January 11, 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