VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00336 Package ID: USCOURTS-cofc-1_14-vv-00336 Petitioner: Janet Moody Filed: 2016-10-12 Decided: 2016-11-21 Vaccine: Tdap Vaccination date: 2011-04-19 Condition: Guillain Barré Syndrome (GBS) Outcome: compensated Award amount USD: 867121.32 AI-assisted case summary: Colette Young, as Executor of the Estate of Janet Moody, filed a petition on October 12, 2016, seeking compensation under the National Childhood Vaccine Injury Act of 1986 on behalf of Janet Moody. The petition alleged that the Tetanus-Diphtheria-acellular-Pertussis (Tdap) vaccine administered on April 19, 2011, caused Janet Moody to develop Guillain-Barré Syndrome (GBS). The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Moody's GBS or any other injury. Despite the respondent's denial, the parties reached a joint stipulation for damages. Special Master Lisa Hamilton-Fieldman adopted the stipulation as the decision of the Court. The award included a lump sum of $215,006.21 to reimburse a State of California Medicaid lien, and a second lump sum of $121,210.21 to reimburse another State of California Medicaid lien. Petitioner agreed to endorse these checks to the appropriate State agencies. Additionally, a final lump sum of $530,904.83 was awarded to petitioner as legal representative of the Estate of Janet Moody, representing all remaining damages. The total compensation awarded was $867,121.32. The parties agreed to expedite the judgment by renouncing the right to seek review. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner alleged that the Tdap vaccine administered on April 19, 2011, caused Janet Moody to develop Guillain-Barré Syndrome (GBS). Respondent denied causation. The parties reached a joint stipulation for damages, which was adopted by Special Master Lisa Hamilton-Fieldman. The award totaled $867,121.32, including $215,006.21 and $121,210.21 for Medicaid liens and $530,904.83 for all remaining damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00336-0 Date issued/filed: 2016-11-21 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 10/12/2016) regarding 51 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (ca1) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00336-UNJ Document 55 Filed 11/21/16 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-336V Filed: October 12, 2016 * * * * * * * * * * * * * * * * COLETTE YOUNG, as Executor of the * UNPUBLISHED Estate of JANET MOODY, Deceased, * * Special Master Hamilton-Fieldman Petitioner, * * Joint Stipulation on Damages; v. * Tetanus-Diphtheria-acellular- * Pertussis (“Tdap”) Vaccine; SECRETARY OF HEALTH * Guillain Barré Syndrome (“GBS”). AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * John R. Howie, Jr., Howie Law, P.C., Dallas, TX, for Petitioner. Michael P. Milmoe, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On April 23, 2014, Colette Young (“Petitioner”) petitioned for compensation, on behalf of Janet Moody, under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa- 1 to -34 (2012). Petitioner alleged that the administration of the Tetanus-Diphtheria-acellular- Pertussis (‘Tdap”) vaccine, on April 19, 2011, caused Moody to develop Guillain-Barré Syndrome (“GBS”). The parties recently filed a stipulation, stating that a decision should be entered awarding 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 purposes espoused in the E-Government Act of 2002. See 44 U.S.C. § 3501 (2012). 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). 1 Case 1:14-vv-00336-UNJ Document 55 Filed 11/21/16 Page 2 of 9 compensation. Respondent denies that the Tdap vaccine is the cause of Moody’s alleged GBS or any other 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 to the following vaccine compensation payments: a) a lump sum of $215,006.21, which amount represents reimbursement of a State of California Medicaid lien, in the form of a check payable jointly to petitioner, and Department of Health Care Services Recovery Branch – MS 4720 P.O. Box 997421 Sacramento, CA 95899-7421 Re: DHCS Account No.: C90478491F-VAC03 (Janet Moody) b) a lump sum of $121,210.21, which amount represents reimbursement of a State of California Medicaid lien, in the form of a check payable jointly to petitioner, and Department of Health Care Services Recovery Branch – MS 4720 P.O. Box 997421 Sacramento, CA 95899-7421 Re: DHCS Account No.: P90478491F-001 (Janet Moody) Petitioner agrees to endorse these two checks to the appropriate State agencies. c) a lump sum of $530,904.83, in the form of a check payable to petitioner, as legal representative of the Estate of Janet Moody, representing all remaining damages available under 42 U.S.C. § 300aa-15(a). Appendix A at 2-3. 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’ 2 Case 1:14-vv-00336-UNJ Document 55 Filed 11/21/16 Page 3 of 9 stipulation.2 IT IS SO ORDERED. s/ Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman Special Master 2 Entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. Vaccine Rule 11(a). 3 Case 1:14-vv-00336-UNJ Document 55 Filed 11/21/16 Page 4 of 9 Case 1:14-vv-00336-UNJ Document 55 Filed 11/21/16 Page 5 of 9 Case 1:14-vv-00336-UNJ Document 55 Filed 11/21/16 Page 6 of 9 Case 1:14-vv-00336-UNJ Document 55 Filed 11/21/16 Page 7 of 9 Case 1:14-vv-00336-UNJ Document 55 Filed 11/21/16 Page 8 of 9 Case 1:14-vv-00336-UNJ Document 55 Filed 11/21/16 Page 9 of 9