VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_11-vv-00876 Package ID: USCOURTS-cofc-1_11-vv-00876 Petitioner: O.K. Filed: 2015-10-13 Decided: 2015-11-06 Vaccine: Tdap Vaccination date: 2009-01-12 Condition: acute disseminated encephalomyelitis (ADEM) and multiple sclerosis (MS) Outcome: compensated Award amount USD: 210000 AI-assisted case summary: Frieda Lauber, as parent of minor O.K., filed a petition on October 13, 2015, alleging that O.K. developed acute disseminated encephalomyelitis (ADEM) and multiple sclerosis (MS) as a result of receiving diphtheria-tetanus-acellular pertussis (Tdap) and meningococcal conjugate vaccines on or about January 12, 2009. The petition also alleged that O.K. experienced residual effects of her injury for more than six months. Respondent denied that the vaccines caused O.K.'s injuries. The parties filed a joint stipulation for damages, agreeing that O.K. should receive compensation. The stipulation stated that O.K. would receive a lump sum of $210,000.00 as compensation for all damages, payable to Olivia Kerwin on or after December 26, 2015. Special Master Thomas L. Gowen found the stipulation reasonable and adopted it as the decision of the Court, awarding the compensation amount. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the mechanism of causation. Petitioner's counsel was Ronald C. Homer of Conway, Homer & Chin-Caplan, P.C., and respondent's counsel was Lara A. Englund of the United States Department of Justice. The decision was issued on November 6, 2015. Theory of causation field: Petitioner alleged that O.K. developed acute disseminated encephalomyelitis (ADEM) and multiple sclerosis (MS) as a result of receiving diphtheria-tetanus-acellular pertussis (Tdap) and meningococcal conjugate vaccines on or about January 12, 2009, and experienced residual effects for more than six months. Respondent denied causation. The parties reached a joint stipulation for damages, agreeing to a lump sum award of $210,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccines allegedly caused the alleged injuries. Special Master Thomas L. Gowen approved the stipulation on November 6, 2015. Petitioner's counsel was Ronald C. Homer, and respondent's counsel was Lara A. Englund. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_11-vv-00876-0 Date issued/filed: 2015-11-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/13/2015) regarding 76 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:11-vv-00876-UNJ Document 80 Filed 11/06/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 11-876V Filed: October 13, 2015 * * * * * * * * * * * * * * * * UNPUBLISHED FRIEDA LAUBER, parent of O.K., a minor, * * Special Master Gowen Petitioner, * * Joint Stipulation on Damages; v. * Meningococcal Conjugate vaccine; * Diphtheria-Tetanus-acellular SECRETARY OF HEALTH * Pertussis vaccine. AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner. Lara A. Englund, United States Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On December 14, 2011, Frieda Lauber (“petitioner”) filed a petition on behalf of her minor daughter, O.K., pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner alleged that as a result of receiving diphtheria-tetanus-acellular pertussis (“Dtap”)3, and meningococcal conjugate vaccines on or about January 12, 2009, O.K. 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. 3 The medical records indicate that O.K. received a Tetanus-Diphtheria-acellular Pertussis (“Tdap”) vaccination, not a Dtap vaccination as alleged. Nevertheless, both vaccines are covered in this Program. 1 Case 1:11-vv-00876-UNJ Document 80 Filed 11/06/15 Page 2 of 7 developed acute disseminated encephalomyelitis (“ADEM”) and multiple sclerosis (“MS”). Stipulation ¶ 2, 4, docket no. 75, filed Oct. 13, 2015. Further, petitioner alleged that O.K. experienced residual effects of her injury for more than six months. Id. at ¶ 4. On October 13, 2015, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that the vaccines caused O.K.’s ADEM, MS, or any other injury, or her current condition. Id. at ¶ 6. 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 stipulate that petitioner shall receive the following compensation: A lump sum of $210,000.00, in the form of a check payable to Olivia Kerwin on or after December 26, 2015. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. at ¶ 8. The undersigned approves the requested amount for petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.4 IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen Special Master 4 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 1:11-vv-00876-UNJ Document 80 Filed 11/06/15 Page 3 of 7 Case 1:11-vv-00876-UNJ Document 80 Filed 11/06/15 Page 4 of 7 Case 1:11-vv-00876-UNJ Document 80 Filed 11/06/15 Page 5 of 7 Case 1:11-vv-00876-UNJ Document 80 Filed 11/06/15 Page 6 of 7 Case 1:11-vv-00876-UNJ Document 80 Filed 11/06/15 Page 7 of 7