VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00803
Package ID: USCOURTS-cofc-1_14-vv-00803
Petitioner: Thomas Watlington
Filed: 2014-09-02
Decided: 2017-08-11
Vaccine: Tdap
Vaccination date: 2011-10-31
Condition: acute disseminated encephalomyelitis, spinal cord inflammation, and/or transverse myelitis
Outcome: compensated
Award amount USD: 140000

AI-assisted case summary:
Thomas Watlington filed a petition for compensation under the National Vaccine Injury Compensation Program on September 2, 2014. He alleged that he developed acute disseminated encephalomyelitis (ADEM), spinal cord inflammation, and/or transverse myelitis after receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on October 31, 2011. The respondent, the Secretary of Health and Human Services, denied that the immunization caused Mr. Watlington's alleged injuries. The parties, however, reached a joint stipulation to settle the case. As part of the stipulation, the respondent agreed to issue a lump sum payment of $140,000.00, payable to Thomas Watlington, representing compensation for all damages available under the program. Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation accordingly, directing the clerk of the court to enter judgment. The decision was filed on August 11, 2017. The public decision does not describe the petitioner's counsel, respondent's counsel, the specific onset of symptoms, clinical details, medical tests, treatments, or expert witnesses. The theory of causation is not detailed in the public decision.

Theory of causation field:
Petitioner Thomas Watlington alleged injury following a Tdap vaccination on October 31, 2011, resulting in acute disseminated encephalomyelitis (ADEM), spinal cord inflammation, and/or transverse myelitis. The respondent denied causation. The parties reached a joint stipulation for settlement, agreeing to a lump sum payment of $140,000.00 to petitioner. Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation on August 11, 2017. The public decision does not specify the mechanism of injury, name any experts, or detail the evidence considered, stating only that the theory of causation was unclear.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00803-0
Date issued/filed: 2017-09-08
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/11/2017) Regarding 53 DECISION Stipulation/Proffer: Signed by Special Master Mindy Michaels Roth. (jo) Copy to parties.
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Case 1:14-vv-00803-UNJ Document 58 Filed 09/08/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
(Filed: August 11, 2017)
No. 14-803V
* * * * * * * * * * * * *
THOMAS WATLINGTON, * UNPUBLISHED
*
Petitioner, * Decision on Joint Stipulation;
* Acute Disseminated
v. * Encephalomyelitis (“ADEM”);
* Spinal Cord Inflammation;
SECRETARY OF HEALTH * Transverse myelitis (“TM”);
AND HUMAN SERVICES, * Tetanus-diphtheria-acellular
* Pertussis (“Tdap”) Vaccine.
Respondent. *
*
* * * * * * * * * * * * *
Mark Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for petitioner.
Adriana Teitel, US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On September 2, 2014, Thomas Watlington [“Mr. Watlington” or “petitioner”] filed a
petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner
alleges that he developed acute disseminated encephalomyelitis (“ADEM”), spinal cord
inflammation, and/or transverse myelitis (“TM”) after receiving a tetanus-diphtheria-acellular
pertussis (“Tdap”) vaccine on October 31, 2011. See Stipulation, filed Aug. 10, 2017, at ¶¶ 1-4.
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-00803-UNJ Document 58 Filed 09/08/17 Page 2 of 7
Respondent denies that the aforementioned immunization caused any of petitioner’s injuries.
Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On August 10, 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 $140,000.00 in the form of a check payable to petitioner, Thomas
Watlington. 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

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