VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00436
Package ID: USCOURTS-cofc-1_12-vv-00436
Petitioner: Tommy Combs
Filed: 2012-07-05
Decided: 2015-12-28
Vaccine: Tdap
Vaccination date: 2009-08-05
Condition: necrotizing pancreatitis
Outcome: compensated
Award amount USD: 425000

AI-assisted case summary:
Tommy Combs filed a petition on July 5, 2012, alleging that a tetanus-diphtheria-acellular pertussis (TDaP) vaccination he received on August 5, 2009 caused him to develop necrotizing pancreatitis. Mr. Combs died on May 30, 2014, and on October 24, 2014, Rose Combs was substituted as petitioner as personal representative of the Estate of Tommy Combs. Petitioner also alleged that Mr. Combs's death was a sequela of his alleged vaccine-related injury.

Respondent denied that the TDaP vaccination caused Mr. Combs's pancreatitis or any other injury, and denied that his death was a sequela of the alleged vaccine-related injury. Nonetheless, both parties agreed in a joint stipulation filed December 2, 2015 to settle the case. Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court. Petitioner Rose Combs received a lump sum of $425,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Theory of causation field:
TDaP Aug 5, 2009 → necrotizing pancreatitis; death (May 30, 2014; death alleged as sequela). Rose Combs (Estate) substituted Oct 24, 2014. Joint stipulation Dec 2, 2015; respondent denied causation and denied death as sequela; SM Gowen. $425,000. Counsel: Glynn Gilcrease Jr., Law Office of Glynn W. Gilcrease Jr. PC, Tempe AZ. All DB fields correct.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00436-0
Date issued/filed: 2015-12-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/03/2015) regarding 65 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:12-vv-00436-UNJ Document 66 Filed 12/28/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-436V
Filed: December 3, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
ROSE COMBS as personal representative of *
the Estate of TOMMY COMBS, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Tetanus-Diphtheria-acellular
* Pertussis; Pancreatitis.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Glynn W. Gilcrease, Jr., Law Office of Glynn W. Gilcrease, Jr., PC, Tempe, AZ, for petitioner.
Amy P. Kokot, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On July 5, 2012, decedent, Tommy Combs, (“Mr. Combs”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Mr. Combs
alleged that as a result of receiving a Tetanus-Diphtheria-acellular Pertussis (“TDaP”) vaccine on
August 5, 2009, he suffered necrotizing pancreatitis. Petition at ¶ 2, 8, filed July 5, 2012. On
October 24, 2014, Rose Combs (“petitioner”) was substituted as a petitioner representing the Estate
of Tommy Combs upon the death of Mr. Combs on May 30, 2014. Petitioner alleged that Mr.
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 (2012)). 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 (2012) (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 1:12-vv-00436-UNJ Document 66 Filed 12/28/15 Page 2 of 7
Combs’s death was sequela of his alleged vaccine-injury. Stipulation for Award at ¶ 4, filed Dec.
2, 2015.
On December 2, 2015, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the TDaP vaccination caused
Mr. Combs’s alleged pancreatitis or any other injury, and denies that Mr. Combs’s death was a
sequela of his alleged vaccine-related injury. 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 $425,000.00, in the form of a check payable to petitioner, Rose Combs.
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.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
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

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