VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00463 Package ID: USCOURTS-cofc-1_14-vv-00463 Petitioner: John Haak Filed: 2014-06-02 Decided: 2017-03-15 Vaccine: Tdap Vaccination date: 2011-06-02 Condition: transverse myelitis Outcome: compensated Award amount USD: 42500 AI-assisted case summary: John Haak filed a petition for compensation under the National Vaccine Injury Compensation Program on June 2, 2014, alleging that he developed transverse myelitis (TM) as a result of receiving a Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccination on June 2, 2011. The respondent, the Secretary of Health and Human Services, denied that the Tdap immunization caused Mr. Haak's injury. Despite the denial, the parties reached a joint stipulation to settle the case. The stipulation outlined the terms of the settlement, agreeing that the respondent would issue a payment to Mr. Haak. The Special Master adopted the parties' stipulation and awarded Mr. Haak a lump sum of $42,500.00 as compensation for all damages available under the program. This amount was to be paid in the form of a check payable to John Haak. The clerk of the court was directed to enter judgment in accordance with this decision. The public decision does not describe the specific onset of symptoms, clinical details, diagnostic tests, treatments, or expert witnesses. James Kneisler, Jr., Esq., represented the petitioner, and Jennifer Reynaud, Esq., represented the respondent. Special Master Mindy Michaels Roth issued the decision on March 15, 2017. Theory of causation field: Petitioner John Haak alleged that he developed transverse myelitis (TM) as a result of receiving a Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccination on June 2, 2011. The respondent denied causation. The parties reached a joint stipulation to settle the case, agreeing to a lump sum payment of $42,500.00 to the petitioner for all damages available under the program. The public decision does not specify the theory of causation, the mechanism of injury, or name any medical experts. The decision was issued by Special Master Mindy Michaels Roth on March 15, 2017, with James Kneisler, Jr., Esq., representing the petitioner and Jennifer Reynaud, Esq., representing the respondent. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00463-0 Date issued/filed: 2017-04-10 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 3/15/2017) Regarding 49 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (jo) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00463-UNJ Document 50 Filed 04/10/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-463V Filed: March 15, 2017 * * * * * * * * * * * * * * * JOHN HAAK, * UNPUBLISHED * Petitioner, * Decision on Joint Stipulation; v. * Transverse Myelitis (“TM”), * Tetanus-Diphtheria-acellular Pertussis SECRETARY OF HEALTH * (Tdap”). AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * James Kneisler, Jr., Esq., Law Offices of James R. Kneisler, Jr., San Angelo, TX, for petitioner. Jennifer Reynaud, Esq., U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On June 2, 2014, John Haak (“Mr. Haak,” or “petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that he developed transverse myelitis (“TM”) as a result of receiving a Tetanus-Diphtheria-acellular Pertussis (Tdap”) vaccination on June 2, 2011. See Stipulation, filed Mar. 15, 2017, at ¶¶ 1-4. Respondent denies that the Tdap immunization caused petitioner’s injury. Stipulation at ¶ 6. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to 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 (codified as amended at 44 U.S.C. § 3501 note (2012)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). 1 Case 1:14-vv-00463-UNJ Document 50 Filed 04/10/17 Page 2 of 7 Nevertheless, the parties have agreed to settle the case. On March 15, 2017, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to issue the following payment: A lump sum of $42,500.00 in the form of a check payable to petitioner, John Haak. This amount represents compensation for all damages that would be available under § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2 Case 1:14-vv-00463-UNJ Document 50 Filed 04/10/17 Page 3 of 7 Case 1:14-vv-00463-UNJ Document 50 Filed 04/10/17 Page 4 of 7 Case 1:14-vv-00463-UNJ Document 50 Filed 04/10/17 Page 5 of 7 Case 1:14-vv-00463-UNJ Document 50 Filed 04/10/17 Page 6 of 7 Case 1:14-vv-00463-UNJ Document 50 Filed 04/10/17 Page 7 of 7