VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00024
Package ID: USCOURTS-cofc-1_14-vv-00024
Petitioner: Margaret J. Constable
Filed: 2014-10-30
Decided: 2015-05-07
Vaccine: Tdap
Vaccination date: 2012-04-18
Condition: thrombocytopenia purpura
Outcome: compensated
Award amount USD: 181511

AI-assisted case summary:
Margaret J. Constable filed a petition for compensation on October 30, 2014, alleging that the tetanus-diphtheria-acellular pertussis (Tdap) vaccine she received on April 18, 2012, caused her to develop thrombocytopenia purpura or significantly aggravated a pre-existing condition. She further alleged that she suffered residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her condition or that her current disabilities were sequelae of the injury. Despite the denial, the parties reached a stipulation to resolve the matter. The court adopted the stipulation and awarded compensation. This included a lump sum of $31,511.30 to satisfy the State of Oregon Medicaid lien, payable jointly to Ms. Constable and the Oregon Department of Human Services. Additionally, Ms. Constable received a lump sum of $150,000.00 for all remaining damages. Subsequently, on May 7, 2015, the parties filed a stipulation for attorneys' fees and costs. The court awarded $31,000.00 for attorneys' fees and costs, payable jointly to Ms. Constable and her law firm, Rawls, McNelis & Mitchell, P.C. The total compensation awarded in this case was $181,511.30.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00024-0
Date issued/filed: 2014-11-20
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 10/30/2014) regarding 24 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:14-vv-00024-UNJ Document 29 Filed 11/20/14 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-24V
Filed: October 30, 2014
Not for Publication
*************************************
MARGARET J. CONSTABLE, *
*
Petitioner, *
*
* Damages decision based on stipulation;
v. * tetanus-diphtheria-acellular pertussis (Tdap)
* vaccine; thrombocytopenia purpura
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Elizabeth M. Muldowney, Richmond, VA, for petitioner.
Heather L. Pearlman, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On October 30, 2014, the parties filed the attached stipulation in which they agreed to settle
this case and described the settlement terms. Petitioner alleges that the
tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine she received on April 18, 2012, caused her
to develop thrombocytopenia purpura or significantly aggravated a pre-existing condition.
Petitioner further alleges that she suffered the residual effects of this injury for more than six
months. Respondent denies that the Tdap vaccine caused petitioner’s thrombocytopenia purpura
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 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 1:14-vv-00024-UNJ Document 29 Filed 11/20/14 Page 2 of 8
or any other injury, and further denies that her current disabilities are sequelae of this injury.
Nonetheless, the parties agreed to resolve this matter informally.
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. a lump sum of $31,511.30, representing compensation for satisfaction of the State of
Oregon Medicaid lien. The award shall be in the form of a check in the amount of
$31,511.30 payable jointly to petitioner and
Oregon Department of Human Services
Office of Payment Accuracy and Recovery Personal Injury Liens
P.O. Box 14512
Salem, OR 97309-0416
Petitioner agrees to endorse this payment to the Oregon Department of Human Services;
and
b. a lump sum of $150,000.00, representing reimbursement for all remaining damages that
would be available under 42 U.S.C. § 300aa-15(a) (2006). The award shall be in the form
of a check in the amount of $150,000.00 payable to petitioner, Margaret J. Constable.
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: October 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

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00024-1
Date issued/filed: 2015-05-28
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/07/2015) regarding 31 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:14-vv-00024-UNJ Document 34 Filed 05/28/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-24V
Filed: May 7, 2015
Not for Publication
*************************************
MARGARET J. CONSTABLE, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Elizabeth M. Muldowney, Richmond, VA, for petitioner.
Heather L. Pearlman, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On May 7, 2015, 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 she did not
incur any costs in pursuit of her petition. Petitioner submitted a draft application 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 her 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 1:14-vv-00024-UNJ Document 34 Filed 05/28/15 Page 2 of 2
attorneys’ fees and costs to $31,000.00. Respondent does not object to this amount. The
undersigned finds this amount to be reasonable. Accordingly, the court awards $31,000.00,
representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a
check payable jointly to petitioner and Rawls, McNelis & Mitchell, P.C. in the amount of
$31,000.00.
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: May 7, 2015 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