VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00146
Package ID: USCOURTS-cofc-1_14-vv-00146
Petitioner: ZT
Filed: 2014-02-24
Decided: 2015-04-20
Vaccine: Tdap
Vaccination date: 2011-07-25
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 14084

AI-assisted case summary:
Vanya Taylor, on behalf of her minor son ZT, filed a petition for compensation on February 24, 2014. She alleged that the Tetanus-diphtheria-acellular pertussis (Tdap) vaccine, which ZT received on July 25, 2011, caused him to develop Guillain-Barré Syndrome (GBS). The Tdap vaccine is listed on the Vaccine Injury Table. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused ZT's GBS. The parties subsequently reached a stipulation for compensation, which Special Master Christian J. Moran adopted as the decision of the Court on December 29, 2014. Under the stipulation, the Secretary agreed to purchase an annuity contract for ZT's benefit from the Life Insurance Company. This contract provides for annual payments of $14,084.55 for ten years, beginning April 28, 2016. The public decision does not describe ZT's onset, symptoms, medical tests, or treatments. The public decision also does not name any medical experts or detail the specific mechanism of causation. On March 27, 2015, the parties filed a separate stipulation regarding attorneys' fees and costs. Petitioner's counsel, Roger Johnson of Johnson, Vorhees & Martucci, initially sought $18,466.08. After discussions, respondent did not object to this amount. Special Master Christian J. Moran awarded the full $18,466.08 for attorneys' fees and costs, payable as a lump sum to both Vanya Taylor and her attorney, Roger A. Johnson. The case was resolved through these stipulations, with ZT receiving compensation for his GBS and associated legal costs.

Theory of causation field:
Petitioner Vanya Taylor alleged that the Tetanus-diphtheria-acellular pertussis (Tdap) vaccine, received by minor ZT on July 25, 2011, caused Guillain-Barré Syndrome (GBS). The Tdap vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties reached a stipulation for compensation, which Special Master Christian J. Moran adopted on December 29, 2014. The award included an annuity contract for ZT's benefit, providing $14,084.55 annually for ten years, starting April 28, 2016. A subsequent stipulation on March 27, 2015, addressed attorneys' fees and costs. Special Master Moran awarded $18,466.08 for attorneys' fees and costs, payable to the petitioner and her counsel, Roger Johnson. The public decision does not detail the specific theory of causation, medical experts, or clinical evidence presented, relying instead on a stipulation between the parties.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_14-vv-00146-0
Date issued/filed: 2015-01-21
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 12/29/2014) regarding 25 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00146-UNJ Document 27 Filed 01/21/15 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
VANYA TAYLOR, on behalf of *
ZT, a minor child, * No. 14-146V
* Special Master Christian J. Moran
Petitioner, *
*
v. * Filed: December 29, 2014
*
SECRETARY OF HEALTH * Stipulation; Tetanus- diphtheria-
AND HUMAN SERVICES, * acellular pertussis (“Tdap”) vaccine;
* Guillain-Barré Syndrome (“GBS”).
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Roger Johnson, Johnson, Vorhees & Martucci, Joplin, MO, for Petitioner;
Justine Daigneault, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION1
On December 22, 2014, respondent filed a joint stipulation concerning the
petition for compensation filed by Vanya Taylor, on behalf of her son, ZT, on
February 24, 2014. In her petition, Ms. Taylor alleged that the Tetanus-
diphtheria- acellular pertussis (“Tdap”) vaccine, which is contained in the Vaccine
Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which ZT received on July
25, 2011, caused him to developed Guillain-Barré Syndrome (“GBS”). Petitioner
represents that there has been no prior award or settlement of a civil action for
damages on behalf of ZT as a result of his condition.
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the party has 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:14-vv-00146-UNJ Document 27 Filed 01/21/15 Page 2 of 9
Respondent denies that the Tdap vaccine caused ZT’s GBS or any other
injury or his current condition.
Nevertheless, the parties agree to the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as
the decision of the Court in awarding damages. The payments provided for in this
paragraph shall be made as set forth in the attached stipulation. 2
Damages awarded in that stipulation include:
The Secretary of Health and Human Services agrees to purchase an
annuity contract from the Life Insurance Company for the benefit of
ZT, pursuant to which the Life Insurance Company will agree to make
payments periodically to ZT for all damages that would be available
under 42 U.S.C. § 300aa-15(a), as follows:
Beginning April 28, 2016, $14,084.55 payable annually for a period of
ten (10) years certain.
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case14-146V according to this decision
and the attached stipulation.3
2 The Life Insurance Company must have a minimum of $250,000,000 capital and
surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company
must have one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa I, or Aaa;
c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-,
AA, AA+, or AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability
Rating: AA-, AA, AA+, or AAA.
3 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

Case 1:14-vv-00146-UNJ Document 27 Filed 01/21/15 Page 3 of 9
Any questions may be directed to my law clerk, Christina Gervasi, at (202)
357-6521.
IT IS SO ORDERED.
s/ Christian J. Moran
Christian J. Moran
Special Master
3

CCaassee 11::1144--vvvv--0000114466--UUNNJJ DDooccuummeenntt 2247 FFiilleedd 1021//2221//1145 PPaaggee 14 ooff 69

CCaassee 11::1144--vvvv--0000114466--UUNNJJ DDooccuummeenntt 2247 FFiilleedd 1021//2221//1145 PPaaggee 25 ooff 69

CCaassee 11::1144--vvvv--0000114466--UUNNJJ DDooccuummeenntt 2247 FFiilleedd 1021//2221//1145 PPaaggee 36 ooff 69

CCaassee 11::1144--vvvv--0000114466--UUNNJJ DDooccuummeenntt 2247 FFiilleedd 1021//2221//1145 PPaaggee 47 ooff 69

CCaassee 11::1144--vvvv--0000114466--UUNNJJ DDooccuummeenntt 2247 FFiilleedd 1021//2221//1145 PPaaggee 58 ooff 69

CCaassee 11::1144--vvvv--0000114466--UUNNJJ DDooccuummeenntt 2247 FFiilleedd 1021//2221//1145 PPaaggee 69 ooff 69

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-00146-1
Date issued/filed: 2015-04-20
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/27/2015) regarding 30 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00146-UNJ Document 31 Filed 04/20/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
VANYA TAYLOR, on behalf of * No. 14-146V
ZT, a minor child, * Special Master Moran
Petitioner, *
* Filed: March 27, 2015
v. *
* Attorneys’ fees and costs; award
SECRETARY OF HEALTH * in the amount to which
AND HUMAN SERVICES, * respondent does not object.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Roger A. Johnson, Johnson, Vorhees & Martucci, Joplin, MO, for Petitioner;
Justine Walters, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On March 27, 2015, respondent filed a stipulation of fact concerning final
attorneys’ fees and costs in the above-captioned matter. Previously, petitioner
informally submitted a draft application for attorneys’ fees and costs to respondent
for review. Upon review of petitioner’s application, respondent raised objections
to certain items. Based on subsequent discussions, petitioner amended her
application to request $18,466.08, an amount to which respondent does not object.
The Court awards this amount.
On February 24, 2014, Vanya Taylor, on behalf of her son, ZT filed a
petition for compensation alleging tetanus- diphtheria- acellular pertussis (“Tdap”)
vaccine which he received on July 25, 2011 caused him to suffer Guillain-Barré
syndrome (“GBS”). Petitioner received compensation based upon the parties’
stipulation. Decision, filed Dec. 29, 2014. Because petitioner received
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.
1

Case 1:14-vv-00146-UNJ Document 31 Filed 04/20/15 Page 2 of 2
compensation, she is entitled to an award of attorneys’ fees and costs. 42 U.S.C. §
300aa-15(e).
Petitioner seeks a total of $18,466.08 in attorneys’ fees and costs for her
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that she incurred no out-of-pocket litigation expenses while pursuing this claim.
Respondent has no objection to the amount requested for attorneys’ fees and costs.
After reviewing the request, the Court awards the following:
A lump sum of $18,466.08 in the form of a check made payable to
petitioner and petitioner’s attorney, Roger A. Johnson, for attorneys’
fees and other litigation costs available under 42 U.S.C. § 300aa-15(e).
The Court thanks the parties for their cooperative efforts in resolving this
matter. The Clerk shall enter judgment accordingly.
Any questions may be directed to my law clerk, Christina Gervasi, at (202)
357-6521.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2