VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00655
Package ID: USCOURTS-cofc-1_14-vv-00655
Petitioner: Calan Seaberg
Filed: 2014-07-25
Decided: 2016-09-01
Vaccine: Tdap
Vaccination date: 2011-07-27
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 152500

AI-assisted case summary:
Calan Seaberg, an individual, filed a petition on July 25, 2014, alleging that he developed transverse myelitis as a result of receiving Tetanus, diphtheria, and acellular pertussis (Tdap), Hepatitis A (Hep A), Varicella, and Human Papillomavirus (HPV) vaccines on July 27, 2011. He claimed to have suffered residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused the petitioner's transverse myelitis and its residual effects. Despite this denial, the parties filed a joint stipulation for damages on August 30, 2016, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Calan Seaberg $152,500.00 as a lump sum, payable by check, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was entered on September 1, 2016. Petitioner's counsel was John R. Howie, Jr. of Howie Law, P.C. Respondent's counsel was Adriana R. Teitel of the United States Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Calan Seaberg alleged that he developed transverse myelitis as a result of receiving Tdap, Hepatitis A, Varicella, and/or HPV vaccines on July 27, 2011, and suffered residual effects for more than six months. Respondent denied that the vaccines caused the alleged injury. The parties entered into a joint stipulation for damages, agreeing to an award of $152,500.00. This case was decided based on the stipulation, not on a finding of causation or a specific theory of injury. The public decision does not detail the specific mechanism of injury, expert testimony, or whether the condition was listed on the Vaccine Injury Table. The award was a lump sum for all damages. Chief Special Master Nora Beth Dorsey issued the decision on September 1, 2016. Petitioner's counsel was John R. Howie, Jr., and respondent's counsel was Adriana R. Teitel.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00655-0
Date issued/filed: 2016-09-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/01/2016) regarding 52 DECISION Stipulation/Proffer Signed by Chief Special Master Nora Beth Dorsey. (tlf) Copy to parties.
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Case 1:14-vv-00655-UNJ Document 60 Filed 09/26/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-655V
Filed: September 1, 2016
* * * * * * * * * * * * * UNPUBLISHED
CALAN SEABERG, *
*
Petitioner, * Chief Special Master Dorsey
*
v. * Joint Stipulation on Damages;
* Tetanus, Diphtheria,
SECRETARY OF HEALTH * Acellular Pertussis (“Tdap”)
AND HUMAN SERVICES, * Vaccine; Hepatitis A (“Hep A”)
* Vaccine; Varicella Vaccine; Human
Respondent. * Papillomavirus (“HPV”) Vaccine;
* Transverse Myelitis
* * * * * * * * * * * * *
John R. Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioner.
Adriana R. Teitel, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On July 25, 2014, Calan Seaberg (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to 34 (2012). Petitioner alleged
that he developed transverse myelitis as a result of receiving Tetanus, diphtheria, and acellular
pertussis (“Tdap”), Hepatitis A (“Hep A”), Varicella, and/or Human Papillomavirus (“HPV”)
vaccines on July 27, 2011, and that he suffered the residual effects of this injury for more than
six months. Stipulation at ¶¶ 1, 2, 4.
On August 30, 2016, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that petitioner’s alleged
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 E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services). As provided by 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).
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. 3755, codified as amended, 42 U.S.C. §§
300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the
Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:14-vv-00655-UNJ Document 60 Filed 09/26/16 Page 2 of 7
transverse myelitis and its residual effects were caused-in-fact by his Tdap, Hepatitis A,
Varicella, and/or HPV vaccine. Stipulation at ¶ 6. 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 that petitioner shall receive the following in compensation:
a. A lump sum of $152,500.00 in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms
of the parties’ stipulation.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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