VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00279
Package ID: USCOURTS-cofc-1_13-vv-00279
Petitioner: Laura A Jones
Filed: 2013-04-23
Decided: 2016-09-27
Vaccine: TDaP
Vaccination date: 2010-04-22
Condition: vestibular neuronitis
Outcome: compensated
Award amount USD: 350000

AI-assisted case summary:
Laura A. Jones filed a petition on April 23, 2013, under the National Vaccine Injury Compensation Program, alleging that a Tetanus-Diptheria-acellular-Pertussis (TDaP) vaccine administered on April 22, 2010, caused her to develop vestibular neuronitis and experience residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the TDaP vaccination caused the petitioner's alleged condition or any other injury or disability. The parties subsequently filed a joint stipulation on September 1, 2016, agreeing to settle the case. Special Master Thomas L. Gowen reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. As part of the stipulation, petitioner Laura A. Jones was awarded a lump sum of $350,000.00, payable by check, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was posted on the Court's website in accordance with the E-Government Act of 2002. Petitioner's counsel was Barbara D. Bonar of B. Dahlenburg Bonar P.S.C., and respondent's counsel was Claudia B. Gangi of the United States Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the medical experts consulted by either party.

Theory of causation field:
Petitioner Laura A. Jones alleged that a TDaP vaccination on April 22, 2010, caused vestibular neuronitis and its sequelae, with residual effects lasting more than six months. The respondent denied causation. The parties reached a joint stipulation on September 1, 2016, which Special Master Thomas L. Gowen found reasonable and adopted. The stipulation resulted in a compensated outcome of $350,000.00, representing all damages under 42 U.S.C. § 300aa-15(a). Petitioner's counsel was Barbara D. Bonar, and respondent's counsel was Claudia B. Gangi. The public decision does not specify the medical mechanism, expert testimony, or detailed evidence supporting the theory of causation, relying instead on the joint stipulation for resolution.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00279-0
Date issued/filed: 2016-09-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/01/2016) regarding 54 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:13-vv-00279-UNJ Document 56 Filed 09/27/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-279V
Filed: September 1, 2016
* * * * * * * * * * * * * * * * UNPUBLISHED
LAURA A JONES, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Tetanus-Diptheria-acellular
* Pertussis; Vestibular Neuronitis.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Barbara D. Bonar, B. Dahlenburg Bonar P.S.C., Covington, KY, for petitioner.
Claudia B. Gangi, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On April 23, 2013, Laura A. Jones (“petitioner”) filed a petition 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 a Tetanus-Diptheria-acellular-Pertussis (“TDaP”) vaccine on April 22,
2010, she suffered vestibular neuronitis. Stipulation ¶ 2, 4, filed Sept. 1, 2016. Further, petitioner
alleged that she experienced residual effects of this injury for more than six months. Id. at ¶ 4.
On September 1, 2016, the parties filed a stipulation in which they state that a decision
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, 44 U.S.C. § 3501 note (2012) (Federal
Management and Promotion of Electronic Government Services). 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 1:13-vv-00279-UNJ Document 56 Filed 09/27/16 Page 2 of 7
should be entered awarding compensation. Respondent denies that the TDaP vaccination caused
petitioner’s alleged vestibular neuronitis, any other injury, or her current disabilities. 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 $350,000.00, in the form of a check payable to petitioner, Laura A.
Jones. 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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