VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00081
Package ID: USCOURTS-cofc-1_14-vv-00081
Petitioner: Zachary Terenzio
Filed: 2014-01-29
Decided: 2016-08-04
Vaccine: meningococcal
Vaccination date: 2012-08-28
Condition: acute disseminated encephalomyelitis (ADEM) and multiple sclerosis (MS)
Outcome: compensated
Award amount USD: 155332

AI-assisted case summary:
On January 29, 2014, Michael Terenzio filed a petition on behalf of Zachary Terenzio, a minor at the time, under the National Vaccine Injury Compensation Program. The petition alleged that Zachary Terenzio developed acute disseminated encephalomyelitis (ADEM) and multiple sclerosis (MS) as a result of receiving a meningococcal vaccine on August 28, 2012, and suffered residual effects for more than six months. The respondent denied that the vaccine caused any injury. The parties subsequently reached a joint stipulation for damages, which the Special Master adopted. Zachary Terenzio, who reached the age of majority on June 10, 2016, was awarded compensation consisting of a lump sum of $5,332.23 for past out-of-pocket expenses, payable to Michael Terenzio, and a lump sum of $150,000.00 for all other damages, payable to Zachary Terenzio. Additionally, an amount sufficient to purchase an annuity contract was awarded. The decision was issued by Special Master Thomas L. Gowen on August 4, 2016. Petitioner's counsel was Anne C. Toale, and respondent's counsel was Gordon E. Shemin. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner alleged that a meningococcal vaccine administered on August 28, 2012, caused acute disseminated encephalomyelitis (ADEM) and multiple sclerosis (MS), resulting in residual effects for more than six months. The respondent denied causation. The parties entered into a joint stipulation for damages, which was adopted by Special Master Thomas L. Gowen. The stipulation resulted in an award of $5,332.23 for past out-of-pocket expenses and $150,000.00 for other damages, plus an annuity. The specific theory of causation, medical experts, or detailed factual basis for the stipulation were not described in the public decision. The decision date was August 4, 2016. Petitioner's counsel was Anne C. Toale, and respondent's counsel was Gordon E. Shemin.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00081-0
Date issued/filed: 2016-08-04
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 07/11/2016) regarding 60 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00081-UNJ Document 64 Filed 08/04/16 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-81V
Filed: July 11, 2016
* * * * * * * * * * * * * UNPUBLISHED
ZACHARY TERENZIO, *
*
Petitioner, * Special Master Gowen
*
v. * Joint Stipulation on Damages;
* Meningococcal Vaccine; Acute
SECRETARY OF HEALTH * Disseminated Encephalomyelitis
AND HUMAN SERVICES, * (“ADEM”); Multiple Sclerosis
* (“MS”)
Respondent. *
*
* * * * * * * * * * * * *
Anne C. Toale, Maglio Christopher & Toale, Sarasota, FL, for petitioner.
Gordon E. Shemin, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On January 29, 2014, Michael Terenzio filed a petition on behalf of Zachary Terenzio2
(“petitioner”) pursuant to the National Vaccine Injury Compensation Program.3 42 U.S.C. §§
300aa-1 to 34 (2012). Petitioner alleged that he developed acute disseminated encephalomyelitis
(“ADEM”) and multiple sclerosis (“MS”) as a result of receiving a meningococcal vaccine on
August 28, 2012, and that he suffered the residual effects of these injuries for more than six
months. Stipulation at ¶¶ 2, 4.
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 Petitioner reached the age of majority on June 10, 2016, and the caption of the case was amended
accordingly.
3 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 1:14-vv-00081-UNJ Document 64 Filed 08/04/16 Page 2 of 9
On July 11, 2016, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation. Respondent denies that the meningococcal vaccine caused
any injury to petitioner. Stipulation 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 in compensation:
a. A lump sum of $5,332.23 in the form of a check payable to Michael Terenzio
representing compensation for past out-of-pocket expenses incurred on petitioner’s
behalf;
b. A lump sum of $150,000.00 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), except as set forth in paragraph 8.c. [of the stipulation];
c. An amount sufficient to purchase the annuity contract described in paragraph 10
[of the stipulation], paid to the life insurance company from which the annuity will
be purchased.
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms
of the parties’ stipulation.4
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
4 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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