VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00160
Package ID: USCOURTS-cofc-1_14-vv-00160
Petitioner: Steven Bayless
Filed: 2014-02-28
Decided: 2015-03-27
Vaccine: Tdap
Vaccination date: 2012-07-02
Condition: acute demyelinating polyneuropathy
Outcome: compensated
Award amount USD: 30000

AI-assisted case summary:
Steven Bayless filed a petition on February 28, 2014, alleging that a Tdap vaccine administered on July 2, 2012, caused him to suffer from lymphomatoid granulomatosis, later amended to acute demyelinating polyneuropathy. Mr. Bayless passed away during the pendency of the case, and his widow, Lynn Bayless, continued the claim as his successor in interest. The parties filed a joint stipulation for damages, agreeing to an award of $30,000.00 to Lynn Bayless as the legal representative of Steven Bayless's estate. Respondent denied that the vaccine caused Mr. Bayless's injury or death. The Special Master found the stipulation reasonable and adopted it as the decision of the Court, awarding the stipulated amount. The parties also stipulated to attorneys' fees and costs in the amount of $28,769.87, which the Special Master found reasonable and awarded jointly to the petitioner and her counsel. Judgment was entered in accordance with the stipulation.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00160-0
Date issued/filed: 2015-03-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: ) regarding 34 DECISION Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00160-UNJ Document 41 Filed 03/27/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-160V
Filed: March 4, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
LYNN BAYLESS, on behalf of STEVEN *
BAYLESS, as his successor in interest, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Tetanus-Diptheria-Pertussis
* (“Tdap”) Vaccine; Neurological
SECRETARY OF HEALTH * Injury.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for Petitioner.
Gordon Shemin, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On February 28, 2014, Steven Bayless2 filed a petition pursuant to the National Vaccine
Injury Compensation Program.3 42 U.S.C. §§ 300aa-1 to -34 (2006). Mr. Bayless alleged that,
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, Pub. L. No. 107-347, § 205, 116
Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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 Mr. Bayless passed away during the pendency of the case. The case caption was subsequently
amended to reflect the fact that his widow, Lynn Bayless, would be continuing his claim as his
successor in interest. See Order, filed June 11, 2014.
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 (2006) (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-00160-UNJ Document 41 Filed 03/27/15 Page 2 of 7
as a result of the administration of a tetanus-diptheria-pertussis (“Tdap”) vaccine on July 2, 2012,
he suffered from lymphomatoid granulomatosis. Petitioner later amended his claim to reflect
acute demyelinating polyneuropathy as his alleged injury. See Amended Petition, filed
September 19, 2014.
On March 3, 2015, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation. Respondent denies that Mr. Bayless suffered any injury as a
result of the Tdap immunization administered on July 2, 2012, and denies that Mr. Bayless’
death was a sequela of any vaccine injury. 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, Lynn Bayless, shall receive the following
compensation:
A lump sum of $30,000.00, in the form of a check payable to Petitioner, Lynn
Bayless, as legal representative of the estate of Steven Bayless. This amount
represents compensation for all damages that would be available under 42 U.S.C. §
300aa-15(a).
Stipulation ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.4
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
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

CCaassee 11::1144--vvvv--0000116600--UUNNJJ DDooccuummeenntt 3421 FFiilleedd 0033//0237//1155 PPaaggee 13 ooff 57

CCaassee 11::1144--vvvv--0000116600--UUNNJJ DDooccuummeenntt 3421 FFiilleedd 0033//0237//1155 PPaaggee 24 ooff 57

CCaassee 11::1144--vvvv--0000116600--UUNNJJ DDooccuummeenntt 3421 FFiilleedd 0033//0237//1155 PPaaggee 35 ooff 57

CCaassee 11::1144--vvvv--0000116600--UUNNJJ DDooccuummeenntt 3421 FFiilleedd 0033//0237//1155 PPaaggee 46 ooff 57

CCaassee 11::1144--vvvv--0000116600--UUNNJJ DDooccuummeenntt 3421 FFiilleedd 0033//0237//1155 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00160-1
Date issued/filed: 2015-03-27
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/04/2015) regarding 35 DECISION Fees Stipulation. Signed by Special Master Lisa Hamilton-Fieldman. (jb) Copy to parties.
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Case 1:14-vv-00160-UNJ Document 42 Filed 03/27/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-160V
Filed: March 4, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
LYNN BAYLESS, on behalf of STEVEN *
BAYLESS, as his successor in interest, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Attorneys’ Fees and Costs;
v. * Reasonable Amount Requested To
* Which Respondent Does Not Object.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for Petitioner.
Gordon Shemin, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On February 28, 2014, Steven Bayless2 filed a petition pursuant to the National Vaccine
Injury Compensation Program.3 42 U.S.C. §§ 300aa-1 to -34 (2006). Mr. Bayless alleged that,
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, Pub. L. No. 107-347, § 205, 116
Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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 Mr. Bayless passed away during the pendency of the case. The case caption was subsequently
amended to reflect the fact that his widow, Lynn Bayless (hereinafter “Petitioner”), would be
continuing his claim as his successor in interest. See Order, filed June 11, 2014.
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 (2006) (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-00160-UNJ Document 42 Filed 03/27/15 Page 2 of 2
as a result of the administration of a tetanus-diptheria-pertussis (“Tdap”) vaccine on July 2, 2012,
he suffered from lymphomatoid granulomatosis. The petition was later amended to reflect acute
demyelinating polyneuropathy as Mr. Bayless’ alleged injury. See Amended Petition, filed
September 19, 2014.
On March 4, 2015, the undersigned issued a decision awarding compensation to
Petitioner.
On March 3, 2015, the parties filed a stipulation regarding attorneys’ fees and costs.
The parties have agreed to an award of $28,769.87 for attorneys’ fees and costs. In accordance
with General Order Number 9, Petitioner represents that she has not personally incurred any
expenses in pursuit of her claim.
The undersigned finds that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to
42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and
appropriate. Accordingly, the undersigned hereby awards the amount of $12,110.34, in the
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Andrew
Downing, of the law firm of Hennelly & Steadman PLC; and $16,659.53, in the form of a
check made payable jointly to Petitioner and Petitioner’s counsel, Andrew Downing, of the
law firm of Van Cott & Talamante, PLLC.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.4
IT IS SO ORDERED.
/s/ Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
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