VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00239
Package ID: USCOURTS-cofc-1_14-vv-00239
Petitioner: Carolyn Schutte
Filed: 2014-07-31
Decided: 2015-05-18
Vaccine: Tdap
Vaccination date: 2011-06-22
Condition: encephalopathy
Outcome: compensated
Award amount USD: 147082

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00239-0
Date issued/filed: 2014-09-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 7/31/2014) regarding 10 Ruling on Entitlement. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-00239-UNJ Document 13 Filed 09/02/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JAMES SCHUTTE, *
as guardian and conservator of * No. 14-239V
CAROLYN SCHUTTE, * Special Master Christian J. Moran
an incapacitated and disabled person, *
*
Petitioner, *
* Filed: July 31, 2014
v. *
*
SECRETARY OF HEALTH * Stipulation; tetanus, diphtheria,
AND HUMAN SERVICES, * acellular pertussis (“Tdap”)
* vaccine; on-Table encephalopathy.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
LeLand F. Dempsey, Dempsey & Kingsland, P.C., Kansas City, MO, for
Petitioner;
Lisa A.Watts, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED RULING FINDING ENTITLEMENT1
On March 28, 2014, James Schutte, filed a petition under the National
Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-10 through 34 (2006), on
behalf of his spouse, Carolyn Schutte,alleging that Carolyn suffered the Table
injury of encephalopathy resulting from her receipt of the tetanus, diphtheria,
acellular pertussis (“Tdap”) vaccine on June 22, 2011.
In her Rule 4 (c) report, respondent stated that Mr. Schutte’s claim is
compensable under the Act. Respondent stated that the Division of Vaccine Injury
Compensation, Department of Health and Human Services, has reviewed the facts
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.

Case 1:14-vv-00239-UNJ Document 13 Filed 09/02/14 Page 2 of 2
of this case and have concluded that the petitioner is entitled to a vaccine award
and “has satisfied all legal prerequisites for compensation under the Act.” Resp’t’s
Rep’t , filed July 23, 2014, at 5.
Special masters may determine whether a petitioner is entitled to
compensation based upon the record. A hearing is not required. 42 U.S.C. §
300aa-13; Vaccine Rule 8(d). Based upon a review of the record as a whole, the
undersigned finds that petitioner has established that he is entitled to compensation
for Carolyn’s injuries.
Accordingly, Mr. Schutte is entitled to compensation. A status
conference is set for Monday, August 25, 2014 at 11:00 A.M. Eastern Time to
discuss the process for quantifying the amount of damages to which he is entitled.
Any questions shall be directed to my law clerk, Mary Holmes at (202) 357-
6353.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00239-1
Date issued/filed: 2015-03-30
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 2/25/2015) regarding 30 DECISION Proffer. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-00239-UNJ Document 34 Filed 03/30/15 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JAMES SCHUTTE, as guardian and *
conservator of CAROLYN * No. 14-239V
SCHUTTE, an incapacitated and *
disabled person, * Special Master Christian J. Moran
*
Petitioner, * Filed: February 24, 2015
v. *
* Damages; decision based on proffer;
SECRETARY OF HEALTH * tetanus, diphtheria, acellular pertussis
AND HUMAN SERVICES, * (“Tdap”) vaccine; on-Table
* encephalopathy.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Leland F. Dempsey, Dempsey & Kingsland, P.C., Kansas City, MO, for Petitioner;
Lisa A. Watts, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION AWARDING DAMAGES1
On March 28, 2014, James Schutte, filed a petition under the National
Childhood Vaccine Injury Act, 42 U.S.C. §300aa—10 through 34, on behalf of his
spouse, Carolyn Schutte, alleging that Carolyn suffered the Table injury of
encephalopathy resulting from her receipt of the tetanus, diphtheria, acellular
pertussis (“Tdap”) vaccine on June 22, 2011. On July 31, 2014, the undersigned
determined that petitioner is entitled to compensation under the Vaccine Act.
On February 23, 2015, respondent filed a Proffer on Award of
Compensation, to which petitioner agrees. Based upon the record as a whole, the
special master finds the proffer reasonable and that petitioner is entitled to an
award as stated in the Proffer. Pursuant to the attached Proffer, the court awards
petitioner:
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.

Case 1:14-vv-00239-UNJ Document 34 Filed 03/30/15 Page 2 of 8
A. A lump sum payment of $1,594,506.14, representing compensation
for life care expenses expected to be incurred the first year after
judgment ($169,089.65), lost earnings ($1,175,416.49), and pain and
suffering ($250,000.00), in the form of a check payable to petitioner,
James Schutte, as guardian/conservator of Carolyn Schutte, for the
benefit Carolyn Schutte.
B. A lump sum payment of $88,598.50, representing compensation for
past unreimbursable expenses, in the form of a check payable to
petitioner, James Schutte.
C. An amount sufficient to purchase the annuity contract described in
section II.C. of the attached Proffer (“Appendix A”).
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.
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
______________________________________
JAMES SCHUTTE, as guardian and )
conservator of CAROLYN SCHUTTE, )
an incapacitated and disabled person, )
) ECF
Petitioner, )
)
v. ) No. 14-239V
) Special Master
SECRETARY OF HEALTH AND HUMAN ) Christian J. Moran
SERVICES, )
)
Respondent. )
)
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
A. Life Care Items
Respondent engaged life care planner Linda Curtis, RN, MS, CNCLP, CCM, and
petitioner engaged Liz Kattman, BS, MS, to provide an estimation of Carolyn Schutte’s future
vaccine-injury related needs. For the purposes of this proffer, the term “vaccine-related” is as
described in respondent’s Rule 4(c) Report filed July 23, 2014. All items of compensation
identified in the life care plan are illustrated by the chart entitled Appendix A: Items of
Compensation for Carolyn Schutte, attached hereto as Tab A.1 Respondent proffers that Carolyn
Schutte should be awarded all items of compensation set forth in the life care plan and illustrated
by the chart attached at Tab A. Petitioner agrees.
1 The chart at Tab A illustrates the annual benefits provided by the life care plan. The annual benefit years
run from the date of judgment up to the first anniversary of the date of judgment, and every year thereafter up to the
anniversary of the date of judgment.
-1-

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B. Lost Earnings
The parties agree that based upon the evidence of record, Carolyn Schutte has suffered a
loss of earnings in the past and will not be gainfully employed in the future. Therefore,
respondent proffers that Carolyn Schutte should be awarded lost earnings as provided under the
Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Respondent proffers that the appropriate award for
Carolyn Schutte’s lost earnings is $1,175,416.49. Petitioner agrees.
C. Pain and Suffering
Respondent proffers that Carolyn Schutte should be awarded $250,000.00 in actual and
projected pain and suffering. This amount reflects that the award for projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.
D. Past Unreimbursable Expenses
Evidence supplied by petitioner documents his expenditure of past unreimbursable
expenses related to Carolyn Schutte's vaccine-related injury. Respondent proffers that petitioner
should be awarded past unreimbursable expenses in the amount of $88,598.50. Petitioner agrees.
E. Medicaid Lien
Petitioner represents that there are no outstanding Medicaid liens against Carolyn
Schutte.
II. Form of the Award
The parties recommend that the compensation provided to Carolyn Schutte should be
made through a combination of lump sum payments and future annuity payments as described
-2-

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below, and request that the Special Master’s decision and the Court’s judgment award the
following:2
A. A lump sum payment of $1,594,506.14, representing compensation for life care
expenses expected to be incurred during the first year after judgment ($169,089.65), lost earnings
($1,175,416.49), and pain and suffering ($250,000.00) in the form of a check payable to
petitioner as guardian/conservator of Carolyn Schutte, for the benefit Carolyn Schutte. Petitioner
has filed documentation establishing that he has been appointed as the guardian/conservator of
Carolyn Schutte's estate. See Petitioner’s Exhibit 33. If petitioner is not currently authorized by
a court of competent jurisdiction to serve as guardian/conservator of the estate of Carolyn
Schutte, any such payment shall be made to the party or parties appointed by a court of
competent jurisdiction to serve as guardian/conservator of the estate of Carolyn Schutte upon
submission of written documentation of such appointment to the Secretary.
B. A lump sum payment of $88,598.50, representing compensation for past
unreimbursable expenses, in the form of a check payable to petitioner, James Schutte.
C. An amount sufficient to purchase an annuity contract,3 subject to the conditions
described below, that will provide payments for the life care items contained in the life care plan,
as illustrated by the chart at Tab A, attached hereto, paid to the life insurance company4 from
2 Should Carolyn Schutte die prior to entry of judgment, the parties reserve the right to move the Court for
appropriate relief. In particular, respondent would oppose any award for future medical expenses, future lost
earnings, and future pain and suffering.
3 In respondent’s discretion, respondent may purchase one or more annuity contracts from one or more life
insurance companies.
4 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, Aa1, or Aaa;
-3-

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which the annuity will be purchased.5 Compensation for Year Two (beginning on the first
anniversary of the date of judgment) and all subsequent years shall be provided through
respondent’s purchase of an annuity, which annuity shall make payments directly to petitioner
(or any other party who is appointed) as guardian/conservator of the estate of Carolyn Schutte,
only so long as Carolyn Schutte is alive at the time a particular payment is due. At the
Secretary’s sole discretion, the periodic payments may be provided to petitioner in monthly,
quarterly, annual or other installments. The “annual amounts” set forth in the chart at Tab A
describe only the total yearly sum to be paid to petitioner and do not require that the payment be
made in one annual installment.
1. Growth Rate
Respondent proffers that a four percent (4%) growth rate should be applied to all non-
medical life care items, and a five percent (5%) growth rate should be applied to all medical life
care items. Thus, the benefits illustrated in the chart at Tab A that are to be paid through annuity
payments should grow as follows: four percent (4%) compounded annually from the date of
judgment for non-medical items, and five percent (5%) compounded annually from the date of
judgment for medical items. Petitioner agrees.
2. Life-contingent annuity
Petitioner will continue to receive the annuity payments from the Life Insurance
Company only so long as Carolyn Schutte is alive at the time that a particular payment is due.
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.
5 Petitioner authorizes the disclosure of certain documents filed by the petitioner in this case consistent
with the Privacy Act and the routine uses described in the National Vaccine Injury Compensation Program System
of Records, No. 09-15-0056.
-4-

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Written notice shall be provided to the Secretary of Health and Human Services and the Life
Insurance Company within twenty (20) days of Carolyn Schutte’s death.
3. Guardianship
Petitioner has filed documentation establishing that he has been appointed as the
guardian/conservator of Carolyn Schutte's estate. See Petitioner’s Exhibit 33. If petitioner is not
currently authorized by a court of competent jurisdiction to serve as guardian/conservator of the
estate of Carolyn Schutte, any such payment shall be made to the party or parties appointed by a
court of competent jurisdiction to serve as guardian/conservator of the estate of Carolyn Schutte
upon submission of written documentation of such appointment to the Secretary.
III. Summary of Recommended Payments Following Judgment
A. Lump Sum paid to petitioner as guardian/conservator of
Carolyn Schutte’s estate: $1,594,506.14
B. Lump Sum paid to petitioner, James Schutte: $ 88,598.50
C. An amount sufficient to purchase the annuity contract described
above in section II. C.
Respectfully submitted,
JOYCE R. BRANDA
Acting Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
-5-

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s/Lisa A. Watts
LISA A. WATTS
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 616-4099
Dated: February 23, 2015.
-6-

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DOCUMENT 3: USCOURTS-cofc-1_14-vv-00239-2
Date issued/filed: 2015-05-18
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/22/2015) regarding 37 DECISION Fees Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:14-vv-00239-UNJ Document 41 Filed 05/18/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JAMES SCHUTTE, *
as guardian and conservator of * No. 14-239V
CAROLYN SCHUTTE, * Special Master Christian J. Moran
an incapacitated and disabled person, *
*
Petitioner, *
* Filed: April 22, 2015
v. *
*
SECRETARY OF HEALTH * Attorneys’ fees and costs; award
AND HUMAN SERVICES, * in the amount to which
* respondent does not object.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
LeLand F. Dempsey, Dempsey & Kingsland, P.C., Kansas City, MO, for
Petitioner;
Lisa A.Watts, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION ON FEES AND COSTS1
On April 17, 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 his
application to request $147,082.66, an amount to which respondent does not
object. The Court awards this amount.
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.

Case 1:14-vv-00239-UNJ Document 41 Filed 05/18/15 Page 2 of 2
On March 28, 2014, James Schutte, filed a petition for compensation on
behalf of his spouse, Carolyn Schutte,alleging that Carolyn suffered the Table
injury of encephalopathy resulting from her receipt of the tetanus, diphtheria,
acellular pertussis (“Tdap”) vaccine on June 22, 2011. Petitioner received
compensation based upon the parties’ proffer. Decision, issued Feb. 25, 2015.
Because petitioner received compensation, he is entitled to an award of attorneys’
fees and costs. 42 U.S.C. § 300aa-15(e).
Petitioner seeks a total of $147,082.66, in attorneys’ fees and costs for his
counsel. Additionally, in compliance with General Order No. 9, petitioner states
that he 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 $147,082.66, in the form of a check made payable to
petitioner and petitioner’s attorney, LeLand F. Dempsey, 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 shall be directed to my law clerk, Mary Holmes at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2