VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00125 Package ID: USCOURTS-cofc-1_14-vv-00125 Petitioner: Taylor Jenkins Filed: 2014-11-03 Decided: 2014-11-03 Vaccine: Tdap Vaccination date: 2012-07-18 Condition: myelitis Outcome: compensated Award amount USD: 273480 AI-assisted case summary: Petitioner Taylor Jenkins filed a claim alleging that he suffered from myelitis as a result of receiving a Tetanus diphtheria acellular pertussis (Tdap) vaccine on July 18, 2012. The respondent denied that the Tdap vaccination caused the petitioner's myelitis or any other injury. Despite the respondent's denial, the parties reached a stipulation to resolve the case. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded compensation. Petitioner Taylor Jenkins was awarded a lump sum of $250,000.00 for all damages. Additionally, attorneys' fees and costs in the amount of $23,480.00 were awarded, payable jointly to the petitioner and his attorney, Thomas P. Gallagher. The decision, based on the stipulation, was issued on November 3, 2014. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of injury. Petitioner was represented by Thomas P. Gallagher, and respondent was represented by Justine E. Daigneault. Theory of causation field: Petitioner alleged that he suffered from myelitis as a result of receiving a Tetanus diphtheria acellular pertussis (Tdap) vaccine on July 18, 2012. Respondent denied causation. The parties reached a stipulation to resolve the case, and the Special Master adopted the stipulation. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury. The award was $250,000.00 for damages and $23,480.00 for attorneys' fees and costs, totaling $273,480.00. Special Master Laura D. Millman issued the decision on November 3, 2014. Petitioner's counsel was Thomas P. Gallagher, and respondent's counsel was Justine E. Daigneault. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00125-0 Date issued/filed: 2014-11-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/03/2014) regarding 25 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00125-UNJ Document 29 Filed 11/24/14 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-125V Filed: November 3, 2014 Not for Publication ************************************* TAYLOR JENKINS, * * Petitioner, * * Damages decision based on v. * stipulation; Tetanus diphtheria * acellular pertussis (Tdap) vaccine; SECRETARY OF HEALTH * myelitis; fees and costs decision AND HUMAN SERVICES, * based on stipulation * Respondent. * * ************************************* Thomas P. Gallagher, Somers Point, NJ, for petitioner. Justine E. Daigneault, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS 1 On November 3, 2014, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that he suffers from myelitis as a result of his receipt of Tetanus diphtheria acellular pertussis (“Tdap”) vaccine on July 18, 2012. Respondent denies that the Tdap vaccination caused petitioner’s myelitis, any other injury, or his current condition. Nonetheless, the parties agreed to resolve this matter informally. 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-00125-UNJ Document 29 Filed 11/24/14 Page 2 of 7 The court finds the terms of the stipulation to be reasonable, hereby adopts the parties’ stipulation, and awards compensation in the amount and on the terms set forth therein. Pursuant to the attached stipulation, the court awards $250,000.00 for reimbursement for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2006). The parties have also agreed on an appropriate amount for attorneys’ fees and costs in this case. In accordance with General Order #9, petitioner asserts that he did not incur out-of- pocket expenses in pursuit of his petition. Petitioner requests $23,480.00 in attorneys’ fees and costs. Respondent does not object to this amount. The undersigned finds this amount to be reasonable. In sum, the court awards: a. a lump sum of $250,000.00, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check made payable to petitioner in the amount of $250,000.00; and b. a lump sum of $23,480.00, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check made payable jointly to petitioner and Thomas P. Gallagher, Esq. in the amount of $23,480.00. 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: November 3, 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 Case 1:14-vv-00125-UNJ Document 29 Filed 11/24/14 Page 3 of 7 Case 1:14-vv-00125-UNJ Document 29 Filed 11/24/14 Page 4 of 7 Case 1:14-vv-00125-UNJ Document 29 Filed 11/24/14 Page 5 of 7 Case 1:14-vv-00125-UNJ Document 29 Filed 11/24/14 Page 6 of 7 Case 1:14-vv-00125-UNJ Document 29 Filed 11/24/14 Page 7 of 7