VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00433 Package ID: USCOURTS-cofc-1_11-vv-00433 Petitioner: J.J. Filed: 2015-11-13 Decided: 2015-11-13 Vaccine: Tdap Vaccination date: 2008-07-10 Condition: intussusception Outcome: compensated Award amount USD: 21451 AI-assisted case summary: On November 13, 2015, Stephanie and Michael Jones, as parents and legal representatives of their minor son J.J., filed a petition for vaccine compensation. They alleged that J.J. suffered from intussusception as a result of receiving the diphtheria-tetanus-acellular pertussis (Tdap), hepatitis B, inactivated polio virus, pneumococcal conjugate, and rotavirus vaccines on July 10, 2008. The respondent, the Secretary of Health and Human Services, denied that these vaccines caused J.J.'s condition or any other injury. The parties subsequently reached a stipulation to settle the case, the terms of which were described in a document filed on November 13, 2015. Special Master Laura D. Millman reviewed and adopted the stipulation, awarding compensation. The award consisted of a lump sum of $10,000.00 payable to petitioners as guardians/conservators of J.J.'s estate for J.J.'s benefit, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Additionally, a lump sum of $11,451.81 was awarded to reimburse a lien for services rendered on J.J.'s behalf. This reimbursement was to be paid by check jointly to petitioners and First Recovery Group, LLC, with petitioners agreeing to endorse the check to the appropriate State agency. The total award amounted to $21,451.81. Ramon Rodriguez, III represented the petitioners, and Jennifer L. Reynaud represented the respondent. The decision was issued by Special Master Laura D. Millman on November 13, 2015. Theory of causation field: Petitioners alleged that J.J. suffered intussusception as a result of receiving the diphtheria-tetanus-acellular pertussis (Tdap), hepatitis B, inactivated polio virus, pneumococcal conjugate, and rotavirus vaccines on July 10, 2008. The respondent denied causation. The parties reached a stipulation to settle the case, and the Special Master adopted the stipulation, awarding compensation. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. The award was $10,000.00 for J.J.'s benefit and $11,451.81 for lien reimbursement, totaling $21,451.81. Special Master Laura D. Millman issued the decision on November 13, 2015. Petitioners' counsel was Ramon Rodriguez, III, and respondent's counsel was Jennifer L. Reynaud. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_11-vv-00433-0 Date issued/filed: 2015-12-07 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 11/13/2015) regarding 58 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:11-vv-00433-UNJ Document 63 Filed 12/07/15 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 11-433V Filed: November 13, 2015 Not for Publication ************************************* STEPHANIE JONES and MICHAEL * JONES, as Parents and Legal * Representatives of Their Minor Son, J.J., * Damages decision based on * stipulation; diphtheria-tetanus- Petitioners, * acellular pertussis (“Tdap”) * vaccine; hepatitis B vaccine; v. * inactivated polio virus vaccine; * pneumococcal conjugate vaccine; SECRETARY OF HEALTH * rotavirus vaccine AND HUMAN SERVICES, * * Respondent. * * ************************************* Ramon Rodriguez, III, Richmond, VA for petitioners. Jennifer L. Reynaud, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On November 13, 2015, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. On July 1, 2011, petitioners filed a petition on behalf of their son J.J. for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa- 10–34 (2012) (“Vaccine Act”). Petitioners allege that J.J. suffered intussusception as a result of his receipt of the diphtheria-tetanus-acellular pertussis (“Tdap”), hepatitis B, inactivated polio 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, 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, petitioners have 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 1:11-vv-00433-UNJ Document 63 Filed 12/07/15 Page 2 of 8 virus, pneumococcal conjugate, and rotavirus vaccines on July 10, 2008. Respondent denies that these vaccines caused J.J.’s intussusception or any other injury or condition. 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 $10,000.00 in the form of a check payable to petitioners as guardians/conservators of the estate of J.J., for the benefit of J.J. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a); and b. a lump sum of $11,451.81, representing reimbursement of a lien for services rendered on behalf of J.J. The award shall be in the form of a check for $11,451.81 made payable jointly to petitioners and First Recovery Group, LLC Attn: Nameer Kajy 26899 Northwestern Hwy Suite 250 Southfield, MI 48033 FRG’s File No.: 283422-113011 Petitioners agree to endorse this check to the appropriate State agency. 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: November 13, 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 1:11-vv-00433-UNJ Document 63 Filed 12/07/15 Page 3 of 8 Case 1:11-vv-00433-UNJ Document 63 Filed 12/07/15 Page 4 of 8 Case 1:11-vv-00433-UNJ Document 63 Filed 12/07/15 Page 5 of 8 Case 1:11-vv-00433-UNJ Document 63 Filed 12/07/15 Page 6 of 8 Case 1:11-vv-00433-UNJ Document 63 Filed 12/07/15 Page 7 of 8 Case 1:11-vv-00433-UNJ Document 63 Filed 12/07/15 Page 8 of 8