VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00055 Package ID: USCOURTS-cofc-1_14-vv-00055 Petitioner: Meghan Hepler Filed: 2014-01-24 Decided: 2016-06-28 Vaccine: Hepatitis B Vaccination date: 2012-06-12 Condition: bilateral extremity numbness, balance problems, small fiber neuropathy, peripheral neuropathy, and essential tremors Outcome: compensated Award amount USD: 102501 AI-assisted case summary: Meghan Hepler filed a petition on January 24, 2014, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that on June 12, 2012, she received the Hepatitis B vaccine and subsequently suffered neurological injuries, including bilateral extremity numbness, balance problems, small fiber neuropathy, peripheral neuropathy, and essential tremors. Ms. Hepler also alleged that these injuries had residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the Hepatitis B vaccine caused Ms. Hepler's alleged neurological injuries or that her current disabilities were sequelae of a vaccine-related injury. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on May 18, 2016. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision in the case. The stipulation awarded Ms. Hepler a lump sum of $102,501.47, payable by check to Petitioner, as compensation for all damages available under Section 15(a) of the Act. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or the specific mechanism of causation. The attorneys involved were Carol L. Gallagher for the Petitioner and Lisa A. Watts for the Respondent. Theory of causation field: Petitioner Meghan Hepler alleged that the Hepatitis B vaccine administered on June 12, 2012, caused neurological injuries including bilateral extremity numbness, balance problems, small fiber neuropathy, peripheral neuropathy, and essential tremors, with residual effects lasting over six months. Respondent denied causation. The parties settled via stipulation, and Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $102,501.47. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injury. The settlement was reached without a determination of causation on the merits. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00055-1 Date issued/filed: 2016-06-28 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 05/19/2016) Regarding 56 DECISION Stipulation (Signed by Special Master Brian H. Corcoran). (ay) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00055-UNJ Document 65 Filed 06/28/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-55V * * * * * * * * * * * * * * * * * * * * * * MEGHAN HEPLER, * * Petitioner, * Filed: May 19, 2016 * v. * * Decision by Stipulation; Damages; SECRETARY OF HEALTH * Hepatitis B (“Hep B”) Vaccine; Neurological AND HUMAN SERVICES, * Injuries; Bilateral Extremity Numbness; * Balance Problems; Small Fiber Neurologic Respondent. * Injuries; Peripheral Neuropathy; Essential * Tremors. * * * * * * * * * * * * * * * * * * * * * Carol L. Gallagher, Carol L. Gallagher, Esquire, LLC, Linwood, NJ, for Petitioner. Lisa A. Watts, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On January 24, 2014, Meghan Hepler filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that she suffered from neurological injuries, including inter alia: bilateral extremity numbness, balance problems, small fiber neuropathy, peripheral neuropathy, and essential tremors as a result of her June 12, 2012, receipt of the Hepatitis B (“Hep B”) vaccine. Moreover, Petitioner alleges that she experienced residual effects of this injury for more than six months. Respondent denies that the Hep B vaccine caused Petitioner’s alleged neurologic injuries, including bilateral extremity numbness, balance problems, small fiber neuropathy, peripheral 1 Because this decision contains a reasoned explanation for my actions in this case, I will post it on the United States Court of Federal Claims website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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 Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix). Case 1:14-vv-00055-UNJ Document 65 Filed 06/28/16 Page 2 of 2 neuropathy, and essential tremors, or any other injury, and further denies that Petitioner’s current disabilities are sequelae of a vaccine-related injury. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on May 18, 2016) that the issues before them could 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 (as attached hereto) 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 $102,501.47 in the form of a check payable to Petitioner. Stipulation ¶ 8. This amounts represents compensation for all damages that would be available under Section 15(a) of the Act. 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 each filing (either jointly or separately) a notice renouncing their right to seek review. 2