VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00155
Package ID: USCOURTS-cofc-1_13-vv-00155
Petitioner: S.J.S.
Filed: 2013-03-04
Decided: 2016-06-13
Vaccine: DTaP
Vaccination date: 2011-04-21
Condition: overlap syndrome
Outcome: compensated
Award amount USD: 346878

AI-assisted case summary:
On March 4, 2013, Lori Eubanks, as the parent and natural guardian of S.J.S., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that a Diphtheria Tetanus acellular Pertussis (DTaP) vaccine administered to S.J.S. on April 21, 2011, caused the minor to suffer from overlap syndrome. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged injury or current condition. However, on May 12, 2016, the parties filed a joint stipulation for damages, agreeing that compensation should be awarded. Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Petitioner was awarded a lump sum of $952.60 for past unreimbursable expenses, payable to Lori Eubanks. Additionally, a lump sum of $2,516.18 was awarded to reimburse a lien for services rendered on behalf of S.J.S., payable jointly to Petitioner and the Agency for Health Care Administration via Xerox Recovery Services. The total compensation awarded, including an amount sufficient to purchase an annuity contract, amounted to $346,878. The decision was entered on June 13, 2016. Petitioner's counsel was Anne Carrion Toale of Maglio Christopher and Toale, PA. Respondent's counsel was Lara Englund of the United States Department of Justice.

Theory of causation field:
The public text does not describe the theory of causation. The petition alleged that a Diphtheria Tetanus acellular Pertussis (DTaP) vaccine administered on April 21, 2011, caused S.J.S. to suffer from overlap syndrome. The respondent denied causation. The parties reached a joint stipulation for damages, which was adopted by Special Master Lisa Hamilton-Fieldman. The total award was $346,878, including past unreimbursable expenses, reimbursement of a lien, and an amount for an annuity. The decision date was June 13, 2016. Petitioner's counsel was Anne Carrion Toale, and respondent's counsel was Lara Englund.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00155-0
Date issued/filed: 2016-06-13
Pages: 10
Docket text: PUBLIC DECISION (Originally filed: 5/13/2016) regarding 45 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:13-vv-00155-UNJ Document 49 Filed 06/13/16 Page 1 of 10
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-155V
Filed: May 13, 2016
* * * * * * * * * * * * * * * * UNPUBLISHED
LORI EUBANKS, as parent and natural *
guardian of S.J.S., a minor, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Diphtheria Tetanus acellular
* Pertussis (“DTaP”) vaccine;
SECRETARY OF HEALTH * Overlap Syndrome.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Anne Carrion Toale, Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner.
Lara Englund, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On March 4, 2013, Lori Eubanks (“Petitioner”) filed a petition for compensation on
behalf of S.J.S., a minor, pursuant to the National Vaccine Injury Compensation Program.2 42
U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that a Diphtheria Tetanus acellular Pertussis
(“DTaP”) vaccine administered to S.J.S. on April 21, 2011 caused her to suffer from overlap
syndrome.
On May 12, 2016, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation. Respondent denies that the DTaP vaccine caused S.J.S.’s
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, 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 (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.
1

Case 1:13-vv-00155-UNJ Document 49 Filed 06/13/16 Page 2 of 10
injury or her current condition. However, 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. A lump sum of $952.60, which amount represents compensation for past
unreimbursable expenses, in the form of a check payable to Petitioner, Lori
Eubanks;
b. A lump sum of $2,516.18, which amount represents reimbursement of a lien for
services rendered on behalf of S.J.S., in the form of a check payable jointly to
Petitioner and
Agency for Health Care Administration
Xerox Recovery Services
P.O. Box 12188
Tallahassee, FL 32317-2188
Attn: Felicia Flythe
Case ID: 451683
Petitioner agrees to endorse the check to the Agency for Health Care
Administration.
The amounts set forth in paragraphs 8.a. and 8.b. represent compensation for all
damages that would be available under 42 U.S.C. § 300aa-15(a), except as set
forth in paragraph 8.c.
c. An amount sufficient to purchase the annuity contract described in paragraph
10 of the stipulation, paid to the life insurance company from which the annuity
will be purchased.
Stipulation ¶ 8.
The undersigned approves the requested amounts for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
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

Case 1:13-vv-00155-UNJ Document 49 Filed 06/13/16 Page 3 of 10
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
3

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