VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00860 Package ID: USCOURTS-cofc-1_13-vv-00860 Petitioner: Aaron Sandoval Filed: 2013-10-31 Decided: 2016-04-19 Vaccine: Tdap Vaccination date: Condition: demyelinating disease of the central nervous system Outcome: compensated Award amount USD: 25000 AI-assisted case summary: Aaron Sandoval filed a petition on October 31, 2013, seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that he suffered a demyelinating disease of the central nervous system, or that the condition was significantly aggravated, as a result of receiving the tetanus-diphtheria-acellular pertussis (Tdap) and/or the trivalent influenza (flu) vaccines. The respondent denied that the Petitioner's medical problems were caused by the vaccines. The public decision does not specify the vaccine administration dates, nor does it describe the Petitioner's specific clinical story, symptoms, diagnostic tests, or treatments. Both parties, while maintaining their respective positions on causation, agreed to a joint stipulation filed on March 2, 2016, to settle the case. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision of the Court. The stipulation awarded Petitioner a lump sum of $25,000.00, payable to Petitioner, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not name the Petitioner's counsel or the Respondent's counsel. Theory of causation field: The Petitioner alleged that the Tdap and/or trivalent flu vaccines caused or aggravated a demyelinating disease of the central nervous system. The respondent denied causation. The vaccination dates were not specified in the public text. The public decision does not describe the specific mechanism of injury, expert testimony, or clinical details. The case was resolved via a joint stipulation filed on March 2, 2016, which was adopted by Special Master Brian H. Corcoran. The stipulation resulted in a compensated award of $25,000.00 to the Petitioner. Petitioner's counsel was Downing, Van Cott & Talamante, PLLC. Respondent's counsel was Ryan Pyles. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00860-0 Date issued/filed: 2016-03-28 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 3/3/2016) regarding 51 DECISION Stipulation. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00860-UNJ Document 56 Filed 03/28/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-860V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * AARON SANDOVAL, * * Petitioner, * Filed: March 3, 2016 * v. * Decision by Stipulation; Damages; * Tetanus-diphtheria-acellular * pertussis (“Tdap”) vaccine; SECRETARY OF HEALTH AND * Influenza (“flu”) vaccine; HUMAN SERVICES, * Demyelinating Disease of the * Central Nervous System Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for Petitioner. Ryan Pyles, U.S. Dep’t of Justice, Washington, DC, for Respondent DECISION AWARDING DAMAGES1 On October 31, 2013, Aaron Sandoval filed a petition seeking compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that he suffered a demyelinating disease of the central nervous system or significantly aggravated the same as a result of receiving the tetanus-diphtheria-acellular pertussis (“Tdap”) and/or the trivalent influenza (“flu”) vaccines. Respondent denies that Petitioner’s medical problems were caused by the receipt of the Tdap and/or flu vaccines. Nonetheless both parties, while maintaining their above-stated positions, 1 Because this decision contains a reasoned explanation for my action in this case, I will 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 (Dec. 17, 2002) (current version at 44 U.S.C. § 3501 (2014)). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of confidential information. Specifically, under 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). Otherwise, the whole decision will be available to the public. (Id.) 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. 3758, codified as amended, 42 U.S.C.A. ' 300aa-10 to ' 300aa-34 (2012). Case 1:13-vv-00860-UNJ Document 56 Filed 03/28/16 Page 2 of 7 agreed in a stipulation filed March 2, 2016, that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: A lump sum of $25,000.00, in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation ¶ 8. I approve a Vaccine Program award in the requested amount set forth above to be made 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.3 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review. 2 CCaassee 11::1133--vvvv--0000886600--UUNNJJ DDooccuummeenntt 4586 FFiilleedd 0033//0228//1166 PPaaggee 13 ooff 57 CCaassee 11::1133--vvvv--0000886600--UUNNJJ DDooccuummeenntt 4586 FFiilleedd 0033//0228//1166 PPaaggee 24 ooff 57 CCaassee 11::1133--vvvv--0000886600--UUNNJJ DDooccuummeenntt 4586 FFiilleedd 0033//0228//1166 PPaaggee 35 ooff 57 CCaassee 11::1133--vvvv--0000886600--UUNNJJ DDooccuummeenntt 4586 FFiilleedd 0033//0228//1166 PPaaggee 46 ooff 57 CCaassee 11::1133--vvvv--0000886600--UUNNJJ DDooccuummeenntt 4586 FFiilleedd 0033//0228//1166 PPaaggee 57 ooff 57