VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00143
Package ID: USCOURTS-cofc-1_12-vv-00143
Petitioner: Douglas Frank Gilmore, Jr.
Filed: 2012-03-01
Decided: 2014-05-12
Vaccine: Tdap
Vaccination date: 2010-08-18
Condition: Chronic Inflammatory Demyelinating Polyneuropathy (CIDP)
Outcome: compensated
Award amount USD: 112500

AI-assisted case summary:
Douglas Frank Gilmore, Jr. filed a petition on March 1, 2012, alleging that a tetanus-diphtheria-acellular pertussis (Tdap) vaccination he received on August 18, 2010, caused him to develop Chronic Inflammatory Demyelinating Polyneuropathy (CIDP), with residual effects lasting more than six months. The respondent denied that the Tdap vaccine caused petitioner's CIDP or any other injury, and further denied that petitioner's current disabilities were sequelae of a vaccine-related injury. Despite the denial, both parties filed a joint stipulation on April 18, 2014, to settle the case. Special Master Christian J. Moran reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Petitioner was awarded a lump sum payment of $112,500.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the names of any medical experts. Petitioner was represented by Peter H. Meyers of the National Law Center, and the respondent was represented by Michael P. Milmoe of the U.S. Department of Justice.

Theory of causation field:
Petitioner Douglas Frank Gilmore, Jr. received a Tdap vaccine on August 18, 2010, and subsequently developed Chronic Inflammatory Demyelinating Polyneuropathy (CIDP), alleged to be a condition listed on the Vaccine Injury Table. The respondent denied causation. The parties entered into a joint stipulation on April 18, 2014, which was adopted by Special Master Christian J. Moran. The stipulation resulted in a compensation award of $112,500.00. Petitioner's counsel was Peter H. Meyers, and respondent's counsel was Michael P. Milmoe.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00143-0
Date issued/filed: 2014-05-12
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/18/2014) regarding 54 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:12-vv-00143-UNJ Document 55 Filed 05/12/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * *
DOUGLAS FRANK GILMORE, JR., *
* No. 12-143V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: April 18, 2014
*
SECRETARY OF HEALTH * Stipulation; Tetanus-Diphtheria-
AND HUMAN SERVICES, * acellular Pertussis ("Tdap") vaccine;
* Chronic Inflammatory Demyelinating
Respondent. * Polyneuropathy ("CIDP").
* * * * * * * * * * * * * * * * * * * * * *
Peter H. Meyers, National Law Center, Washington, DC, for Petitioner;
Michael P.Milmoe, U.S. Department of Justice, Washington, D.C., for Respondent.
UNPUBLISHED DECISION1
On April 18, 2014, the parties filed a joint stipulation concerning the petition
for compensation filed by Douglas Frank Gilmore Jr., on March 1, 2012. In his
petition, petitioner alleged that the tetanus-diphtheria-acellular pertussis (“Tdap”)
vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R.
§100.3(a), and which he received on August, 18, 2010, caused him to suffer
Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”). Petitioner
further alleges that he suffered the residual effects of this injury for more than six
months. Petitioner represents that there has been no prior award or settlement of a
civil action for damages on his behalf as a result of his condition.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:12-vv-00143-UNJ Document 55 Filed 05/12/14 Page 2 of 7
Respondent denies that the Tdap vaccine caused petitioner's alleged CIDP,
or any other injury, and further denies that petitioner's current disabilities are
sequelae of a vaccine elated injury.
Nevertheless, the parties agree to the joint stipulation, attached hereto as
Appendix A. The undersigned finds said stipulation reasonable and adopts it as the
decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A. A lump sum payment of $112,500.00 in the form of a check payable to
petitioner, Douglas Frank Gilmore, Jr. This amount represents
compensation for all damages that would be available under 42 U.S.C. §
300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 12-143V according to this decision
and the attached stipulation.2
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

CCaassee 11::1122--vvvv--0000114433--UUNNJJ DDooccuummeenntt 5535 FFiilleedd 0045//1182//1144 PPaaggee 13 ooff 57

CCaassee 11::1122--vvvv--0000114433--UUNNJJ DDooccuummeenntt 5535 FFiilleedd 0045//1182//1144 PPaaggee 24 ooff 57

CCaassee 11::1122--vvvv--0000114433--UUNNJJ DDooccuummeenntt 5535 FFiilleedd 0045//1182//1144 PPaaggee 35 ooff 57

CCaassee 11::1122--vvvv--0000114433--UUNNJJ DDooccuummeenntt 5535 FFiilleedd 0045//1182//1144 PPaaggee 46 ooff 57

Case 1:12-vv-00143-UNJ Document 55 Filed 05/12/14 Page 7 of 7