VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00612 Package ID: USCOURTS-cofc-1_13-vv-00612 Petitioner: Y.P. Filed: 2013-08-27 Decided: 2017-05-16 Vaccine: Tdap Vaccination date: 2010-09-13 Condition: uveitis and juvenile rheumatoid arthritis Outcome: compensated Award amount USD: 250000 AI-assisted case summary: On August 27, 2013, Mordichai and Chana Pshemish, parents of Y.P., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that Y.P. developed uveitis and juvenile rheumatoid arthritis (JRA) as a result of receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccination on or about September 13, 2010. The petition also noted that Y.P. received a meningococcal vaccination on the same date, and that any terms of the stipulation applying to the Tdap vaccination would apply equally to the meningococcal vaccination. The respondent denied that the Tdap immunization caused the alleged injury. The parties reached a settlement, agreeing that the respondent would issue a lump sum payment of $250,000.00 to compensate for all damages. Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation in that amount. Ronald C. Homer represented the petitioner, and Ryan Pyles represented the respondent. The decision was issued on May 16, 2017. Theory of causation field: Petitioners alleged that Y.P. developed uveitis and juvenile rheumatoid arthritis (JRA) as a result of receiving a Tdap vaccination on or about September 13, 2010. The respondent denied causation. The parties reached a joint stipulation to settle the case, agreeing to a lump sum payment of $250,000.00 for all damages. The Special Master adopted the stipulation. The public decision does not describe the specific theory of causation, medical experts, clinical details of the injury onset or progression, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00612-0 Date issued/filed: 2017-06-12 Pages: 8 Docket text: PUBLIC ORDER/RULING (Originally filed: 5/16/2017) Regarding 72 DECISION Stipulation/Proffer: Signed by Special Master Mindy Michaels Roth. (jo) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00612-UNJ Document 76 Filed 06/12/17 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS (Filed: May 16, 2017) No. 13-612V * * * * * * * * * * * * * MORDICHAI PSHEMISH and * UNPUBLISHED CHANA PSHEMISH parents of * Y.P, a minor * * Petitioners, * Decision on Joint Stipulation; * Juvenile Rheumatoid Arthritis v. * (“JRA”); Uveitis; Tetanus- * Diphtheria-acellular Pertussis SECRETARY OF HEALTH * (“TDaP”) Vaccine. AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Ryan Pyles, US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On August 27, 2013, Mordichai and Chana Pshemish [“petitioners”] filed a petition for compensation under the National Vaccine Injury Compensation Program2 on behalf of their 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, 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)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). 1 Case 1:13-vv-00612-UNJ Document 76 Filed 06/12/17 Page 2 of 8 minor child, Y.P. Petitioners allege that Y.P. developed uveitis and juvenile rheumatoid arthritis (“JRA”) as a result of receiving a tetanus-diphtheria-acellular pertussis (“TDaP”) vaccination on or about September 13, 2010. See Stipulation, filed May 15, 2017, at ¶¶ 1-4. Respondent denies that the TDaP immunization caused petitioner’s injury. Stipulation at ¶ 6. Respondent notes that Y.P. also received a meningococcal vaccination on or about September 13, 2010, and that “[a]ll terms of this Stipulation applying to Y.P.’s September 13, 2010 Tdap vaccination apply equally to Y.P.’s September 13, 2010 meningococcal vaccination, as if petitioners had alleged that Y.P.’s Tdap and/or meningococcal vaccine, either singly or in combination, caused her alleged condition.” Stipulation fn. 1. Nevertheless, the parties have agreed to settle the case. On May 15, 2017, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to issue the following payment: A lump sum of $250,000.00 in the form of a check payable to petitioners, as guardians/conservators of the estate of Y.P. This amount represents compensation for all damages that would be available under § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2 Case 1:13-vv-00612-UNJ Document 76 Filed 06/12/17 Page 3 of 8 Case 1:13-vv-00612-UNJ Document 76 Filed 06/12/17 Page 4 of 8 Case 1:13-vv-00612-UNJ Document 76 Filed 06/12/17 Page 5 of 8 Case 1:13-vv-00612-UNJ Document 76 Filed 06/12/17 Page 6 of 8 Case 1:13-vv-00612-UNJ Document 76 Filed 06/12/17 Page 7 of 8 Case 1:13-vv-00612-UNJ Document 76 Filed 06/12/17 Page 8 of 8