VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00047 Package ID: USCOURTS-cofc-1_13-vv-00047 Petitioner: Glenn Henderson Filed: 2014-07-30 Decided: 2014-07-31 Vaccine: Tdap Vaccination date: 2011-07-29 Condition: injection site injury and a systemic multi-symptomatic immune-mediated neurological response and/or complex regional pain syndrome Outcome: compensated Award amount USD: 530000 AI-assisted case summary: On July 30, 2014, petitioner Glenn Henderson filed a petition alleging that on July 29, 2011, he received a Tetanus-diphtheria-pertussis (Tdap) vaccine, which caused an injection site injury and a systemic multi-symptomatic immune-mediated neurological response and/or complex regional pain syndrome (CRPS). The respondent conceded that the Tdap vaccine caused an injection site injury but denied causation for any other injury. The parties subsequently reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation, awarding Glenn Henderson $475,000.00 for all damages. The decision was filed on July 31, 2014. In a separate decision filed on August 20, 2014, Special Master Millman awarded $55,000.00 for attorneys' fees and costs, based on a stipulation. This award was made payable jointly to petitioner and petitioner's counsel, Edward Kraus. The total compensation awarded was $530,000.00. The public decision does not describe the petitioner's specific onset of symptoms, clinical course, diagnostic tests, or treatments. Petitioner was represented by Edward M. Kraus, and respondent was represented by Gordon E. Shemin. Theory of causation field: Petitioner Glenn Henderson alleged that a Tdap vaccine administered on July 29, 2011, caused an injection site injury and a systemic multi-symptomatic immune-mediated neurological response and/or complex regional pain syndrome (CRPS). Respondent conceded causation for the injection site injury but denied causation for other alleged injuries. The parties reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation, awarding $475,000.00 for damages and $55,000.00 for attorneys' fees and costs, for a total award of $530,000.00. The public decision does not detail the specific medical mechanism, expert testimony, or the basis for the concession regarding the injection site injury or the denial of other injuries. Petitioner was represented by Edward M. Kraus, and respondent was represented by Gordon E. Shemin. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00047-0 Date issued/filed: 2014-08-20 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/30/2014) regarding 34 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00047-UNJ Document 43 Filed 08/20/14 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-47V Filed: July 30, 2014 Not for Publication ************************************* GLENN HENDERSON, * * Petitioner, * Damages decision based on stipulation; * Tetanus-diphtheria-pertussis (Tdap) vaccine; v. * injection site injury; systemic multi- * symptomatic immune-mediated neurological SECRETARY OF HEALTH * response; complex regional pain syndrome AND HUMAN SERVICES, * * Respondent. * * ************************************* Edward M. Kraus, Chicago, IL, for petitioner. Gordon E. Shemin, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On July 30, 2014, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that he suffered from an injection site injury and a systemic multi-symptomatic immune-mediated neurological response and/or complex regional pain syndrome as a result of his July 29, 2011, receipt of Tetanus-diphtheria-pertussis (“Tdap”) vaccine. Respondent concedes that the Tdap vaccine caused petitioner to suffer an injection site injury but denies that the Tdap vaccine caused any other injury. Nonetheless, the parties agreed to resolve this matter informally. 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, 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 1:13-vv-00047-UNJ Document 43 Filed 08/20/14 Page 2 of 7 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 lump sum of $475,000.00, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2006). The award shall be in the form of a check for $475,000.00 made payable to petitioner. 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: July 30, 2014 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 1:13-vv-00047-UNJ Document 43 Filed 08/20/14 Page 3 of 7 Case 1:13-vv-00047-UNJ Document 43 Filed 08/20/14 Page 4 of 7 Case 1:13-vv-00047-UNJ Document 43 Filed 08/20/14 Page 5 of 7 Case 1:13-vv-00047-UNJ Document 43 Filed 08/20/14 Page 6 of 7 Case 1:13-vv-00047-UNJ Document 43 Filed 08/20/14 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_13-vv-00047-1 Date issued/filed: 2014-08-21 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 07/31/2014) regarding 39 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00047-UNJ Document 44 Filed 08/21/14 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-47V Filed: July 31, 2014 Not for Publication ************************************* GLENN HENDERSON, * * Petitioner, * Attorneys’ fees and costs decision based on * stipulation of fact v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Edward M. Kraus, Chicago, IL, for petitioner. Gordon E. Shemin, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 On July 31, 2014, 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, petitioner asserts that he did not incur any costs in pursuit of his petition. Petitioner submitted his request for attorneys’ fees and costs to respondent. During informal discussions, respondent raised objections to certain items in petitioner’s application. Based on these objections, petitioner amends his application for 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 1:13-vv-00047-UNJ Document 44 Filed 08/21/14 Page 2 of 2 attorneys’ fees and costs to $55,000.00. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. Accordingly, the court awards $55,000.00, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check payable jointly to petitioner and petitioner’s counsel, Edward Kraus, in the amount of $55,000.00. 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: July 31, 2014 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