VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00414
Package ID: USCOURTS-cofc-1_14-vv-00414
Petitioner: A.P.
Filed: 2016-03-04
Decided: 2016-03-28
Vaccine: Tdap and meningococcal
Vaccination date: 2012-08-20
Condition: aplastic anemia
Outcome: compensated
Award amount USD: 101617

AI-assisted case summary:
On March 4, 2016, Ivanka Pentcholov, as mother and natural guardian of her minor daughter A.P., filed a petition seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that A.P. suffered from aplastic anemia and its related sequelae as a result of receiving the tetanus-diphtheria-acellular pertussis (Tdap) and meningococcal vaccines on August 20, 2012. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused A.P.'s condition. However, both parties agreed to settle the case through a stipulation. The stipulation, filed on March 4, 2016, acknowledged that the Tdap and meningococcal vaccines are listed on the Vaccine Injury Table. The parties agreed that a decision should be entered awarding compensation to A.P. Special Master Brian H. Corcoran reviewed the file and adopted the stipulation as his decision. The award included an amount sufficient to purchase an annuity contract, which would provide A.P. with a lump sum payment of $101,617.75 on August 11, 2019. The stipulation also stated that the parties would proceed to further proceedings for reasonable attorneys' fees and costs. The stipulation was considered a full and complete negotiated settlement of liability and damages. The public decision does not describe the specific onset of symptoms, medical tests, or treatments. Petitioner was represented by Jeffrey S. Pop, and Respondent was represented by Darryl R. Wishard.

Theory of causation field:
Petitioner alleged that A.P. suffered aplastic anemia and its related sequelae as a result of receiving the Tdap and meningococcal vaccines on August 20, 2012. The respondent denied causation. The parties stipulated to a settlement, agreeing that the Tdap and meningococcal vaccines are on the Vaccine Injury Table and that a decision awarding compensation should be entered. The Special Master adopted the stipulation. The award included an amount sufficient to purchase an annuity contract providing a lump sum of $101,617.75 to A.P. on August 11, 2019. Attorneys' fees and costs were to be determined in further proceedings. The public text does not detail the specific mechanism of injury, expert testimony, or clinical findings. The theory of causation relied on the Vaccine Injury Table. The decision was issued by Special Master Brian H. Corcoran on March 28, 2016. Petitioner's counsel was Jeffrey S. Pop, and Respondent's counsel was Darryl R. Wishard.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00414-0
Date issued/filed: 2016-03-28
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 3/4/2016) regarding 38 DECISION Stipulation. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00414-UNJ Document 44 Filed 03/28/16 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-414V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
IVANKA PENTCHOLOV, as mother and *
natural guardian of minor, A.P., *
*
Petitioner, * Filed: March 4, 2016
*
v. * Decision by Stipulation; Damages;
* Tetanus-diphtheria-acellular
* pertussis (“Tdap”) vaccine;
SECRETARY OF HEALTH AND * Meningococcal vaccine;
HUMAN SERVICES, * Aplastic Anemia
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for Petitioner.
Darryl R. Wishard, U.S. Dep’t of Justice, Washington, DC, for Respondent
DECISION AWARDING DAMAGES1
On May 14, 2014, Petitioner Ivanka Pentcholov filed a petition on behalf of her daughter
seeking compensation under the National Vaccine Injury Compensation Program.2 Petitioner
alleges that A.P. suffered aplastic anemia and its related sequelae as a result of receiving the
tetanus-diphtheria-acellular pertussis (“Tdap”) and meningococcal vaccines on August 20, 2012.
Respondent denies that A.P.’s medical problems were caused by the receipt of the Tdap
and/or meningococcal vaccines. Nonetheless both parties, while maintaining their above-stated
1 Because this decision contains a reasoned explanation for my action in this case, I will post this decision on the
United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, § 205, 116 Stat. 2899, 2913 (Dec. 17, 2002) (current version at 44 U.S.C. § 3501 (2014)). As provided by 42
U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of
confidential information. Specifically, under 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). Otherwise, the whole decision will be
available to the public. (Id.)
2 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. 3758, codified as amended, 42 U.S.C.A. ' 300aa-10 to ' 300aa-34 (2012).

Case 1:14-vv-00414-UNJ Document 44 Filed 03/28/16 Page 2 of 8
positions, agreed in a stipulation filed March 4, 2016, that the issues before them can be settled
and that a decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth
therein.
The stipulation awards:
An amount sufficient to purchase the annuity contract (as provided for in ¶ 10 of the
Stipulation, paid to the Life Insurance Company which in turn will pay (among other
things) $101,617.75 as a lump sum to A.P. on August 11, 2019.
Stipulation ¶ 8.
I approve a Vaccine Program award as described above. 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.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their
right to seek review.
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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
IVANKA PENTCHOLOV, as mother and )
natural guardian of minor, A.P., )
)
Petitioner, ) No. 14-414V ECF
)
v. ) Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
-------------- )
STIPULATION
The parties hereby stipulate to the following matters:
I. Petitioner, lvanka Pentcholov, filed a petition for vaccine compensation on behalf of
her daughter, A.P. ("AP"), under the National Vaccine Injury Compensation Program, 42 U.S.C.
§ 300aa-l 0 to 34 (the "Vaccine Program .. ). The petition seeks compensation for injuries
allegedly related to AP's receipt of the tetanus-diphtheria-acellular pe1tussis ("'Tdap") and
meningococcal vaccines, which are contained in the Vaccine Injury Table (the "Table''), 42
C.F.R. § I 00.3(a).
2. AP received the vaccines on August 20, 2012.
3. The vaccines were administered within the United States.
4. Petitioner alleges that, as a result of receiving the vaccines, AP suffered from aplastic
anemia and its related sequelae, and that AP experienced the residual effects of this injury for
more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action

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for damages on behalf of AP as a result of her condition.
6. Respondent denies that the vaccines caused or significantly aggravated AP·s alleged
medical condition, any of her ongoing symptoms. or any other injury.
7. Maintaining their above-stated positions, the parties neve11heless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2 l (a)(l ), the Secretary of Health and Human Services will issue
the following vaccine compensation payment for all damages that would be available under 42
U.S.C. §300aa-l 5(a):
An amount sufficient to purchase the annuity contract described in paragraph I 0 below,
paid to the life insurance company from which the annuity will be purchased (the "Life
Insurance Company").
9. The Life Insurance Company must have a minimum of $250,000,000.00 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.
I 0. The Secretary of Health and Human Services agrees to purchase an annuity contract
from the Life Insurance Company for the benefit of AP, pursuant to which the Life Insurance
2

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Company will agree to make a payment to AP for all damages that would be available under 42
U.S.C. §300aa-15(a), as follows:
a. $101,617.75 payable in a certain lump sum on August 11, 2019.
The payment provided for in this paragraph I 0 shall be made as set forth above. Should AP
predecease the certain lump sum payment set forth above, said certain lump sum payment shall
be made to her estate. Written notice to the Secretary of Health and Human Services and to the
Life Insurance Company shall be provided within twenty (20) days of AP's death.
11. The annuity contract will be owned solely and exclusively by the Secretary of Health
and Human Services and will be purchased as soon as practicable following the entry of a
judgment in conformity with this Stipulation. The parties stipulate and agree that the Secretary
of Health and Human Services and the United States of America are not responsible for the
payment of any sums other than the amounts set forth in paragraph 8 herein and the amounts
awarded pursuant to paragraph 12 herein, and that they do not guarantee or insure any of the
future annuity payments. Upon the purchase of the annuity contract, the Secretary of Health and
Human Services and the United States of America are released from any and all obligations with
respect to future annuity payments.
I 2. As soon as practicable after the entry of judgment on entitlement in this case, and
after petitioner has ti led both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-2 I (a)( I), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys· fees and costs incurred in proceeding
upon this petition.
13. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
3

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under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. §
1396 et seq.)), or by entities that provide health services on a pre-paid basis.
14. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 12 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-l 5(i),
subject to the availability of sufficient statutory funds.
15. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, the money provided pursuant to this Stipulation will be
used solely for the benefit of AP, as contemplated by a strict construction of 42 U.S.C. §300aa
l 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(g) and (h).
16. In return for the payments described in paragraphs 8 and 12, petitioner, in her
individual capacity and as legal representative of AP, on behalfof herself, AP, and A P's heirs,
executors, administrators, successors or assigns, does forever irrevocably and unconditionally
release, acquit and discharge the United States and the Secretary of Health and Human Services
from any and all actions or causes of action (including agreements, judgments, claims, damages,
loss of services, expenses and all demands of whatever kind or nature) that have been brought,
could have been brought, or could be timely brought in the Court of Federal Claims, under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300 aa-10 et seq., on account of, or
in any way growing out of, any and all known or unknown, suspected or unsuspected personal
injuries to or death of AP resulting from, or alleged to have resulted from, the vaccinations
administered on August 20, 2012, as alleged by petitioner in a petition for vaccine compensation
filed on or about May 14, 2014, in the U.S. Court of Federal Claims as petition No. 14-414V.
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17. If AP should die prior to entry of judgment, this agreement shall be voidable upon
proper notice to the Court on behalf of either or both of the parties.
18. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either pa11y.
19. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of I 986, as amended, except
as otherwise noted in paragraph 12 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties· respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
20. Petitioner hereby authorizes respondent to disclose documents filed by 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.
21. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the Tdap and meningococcal vaccines caused AP
to suffer aplastic anemia or any other injury or condition.
22. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns as legal representatives of AP.
END OF STIPULATION
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~ ---~.-
Respectfully submitted,
ATTORNEY OF RECORD FOR AUTHORIZED REPRSENT AT IVE
PETITIONER: OFT~ ATTORNEY GENERAL:
~~
~~
Jeffrey S. Pop & Associates Deputy Director
9107 Wilshire Blvd., Suite 700 Torts Branch
Beverly Hills, CA 90210 Civil Division
(310) 273-5462 U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
ATTORNEY OF RECORD FOR
RESPONDENT:
AIR,M.D DARRYLR. WISHARD
Acting Director, Division of Injury Senior Trial Attorney
Compensation Programs To1ts Branch
Healthcare Systems Bmeau Civil Division
U.S. Department of Health U.S. Department of Justice
and Human Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
Parklawn Building, Mail Stop 11 C-26 Washington, DC 20044-0146
Rockville, MD 20857 Tel: (202) 616-4357
Dated:
6