Carolyn Schutte v. HHS - Tdap, encephalopathy (2015)
Case summary [AI summaries can sometimes make mistakes]
On July 31, 2014, James Schutte, as guardian and conservator for his incapacitated and disabled spouse, Carolyn Schutte, filed a petition for compensation under the National Childhood Vaccine Injury Act. The petition alleged that Carolyn Schutte suffered the Table injury of encephalopathy as a result of receiving a tetanus, diphtheria, and acellular pertussis (Tdap) vaccine on June 22, 2011.
The respondent, the Secretary of Health and Human Services, reviewed the facts of the case and, in a Rule 4(c) report filed on July 23, 2014, conceded that the claim was compensable and that Carolyn Schutte had satisfied all legal prerequisites for compensation under the Act. Special Master Christian J.
Moran reviewed the record and, in a ruling issued on September 2, 2014, found that the petitioner had established entitlement to compensation. A status conference was scheduled to discuss the quantification of damages.
Subsequently, on April 17, 2015, the respondent filed a stipulation of fact concerning final attorneys' fees and costs. The petitioner had initially submitted a draft application for attorneys' fees and costs, to which the respondent had raised objections.
Following discussions, the petitioner amended the application to request $147,082.66, an amount to which the respondent did not object. The public decision on fees and costs, filed on May 18, 2015, by Special Master Christian J.
Moran, awarded Carolyn Schutte a lump sum of $147,082.66, payable to her and her attorney, LeLand F. Dempsey, for attorneys' fees and other litigation costs.
The petitioner stated that he incurred no out-of-pocket litigation expenses. The Special Master thanked the parties for their cooperative efforts in resolving the matter.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. Petitioner was represented by LeLand F.
Dempsey of Dempsey & Kingsland, P.C., and respondent was represented by Lisa A. Watts of the United States Department of Justice.
Theory of causation
Petitioner James Schutte, as guardian for Carolyn Schutte, alleged that Carolyn suffered the Table injury of encephalopathy resulting from her receipt of a tetanus, diphtheria, acellular pertussis (Tdap) vaccine on June 22, 2011. The respondent conceded that the claim was compensable as an "on-Table" encephalopathy. Special Master Christian J. Moran issued a ruling finding entitlement to compensation based on the record and the respondent's concession. Subsequently, Special Master Moran issued a decision awarding $147,082.66 for attorneys' fees and costs, an amount to which the respondent did not object. The public text does not detail the specific mechanism of injury, expert testimony, or competing medical theories. Petitioner's counsel was LeLand F. Dempsey, and respondent's counsel was Lisa A. Watts. The decision on entitlement was issued September 2, 2014, and the decision on fees and costs was issued May 18, 2015.