VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00837 Package ID: USCOURTS-cofc-1_14-vv-00837 Petitioner: L.C. Filed: 2014-09-09 Decided: 2020-11-13 Vaccine: unclear Vaccination date: 2012-09-10 Condition: quadriplegia secondary to transverse myelitis Outcome: compensated Award amount USD: 4279875 AI-assisted case summary: L.C., a minor, through her guardian ad litem Daniela Crumpton, filed a petition on September 9, 2014, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that L.C. suffered quadriplegia secondary to transverse myelitis as a result of receiving multiple vaccines on September 10, 2012. The vaccines administered were haemophilus influenzae type B (HIB), diphtheria-tetanus-acellular pertussis (DTaP), hepatitis B (Hep B), inactivated poliovirus (IPV), pneumococcal conjugate (PCV), and rotavirus. The petitioner alleged that the vaccines were administered in the United States, that L.C.'s condition had persisted for more than six months, and that there had been no prior award or settlement of a civil action for damages. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused L.C.'s condition or any other injury. Despite the respondent's denial, the parties filed a joint stipulation for damages on November 12, 2020, agreeing that compensation should be awarded. Special Master Daniel T. Horner reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The award included a lump sum of $1,712,099.07 payable to TNB Financial Services as trustee for L.C.'s grantor reversionary trust, representing first-year life care expenses and trust seed funds. An additional lump sum of $750,000.00 was awarded, payable to L.C.'s guardian/conservator for the benefit of L.C., to compensate for lost future earnings and pain and suffering. Further lump sums were awarded to reimburse state Medicaid programs: $2,612,770.08 payable jointly to L.C.'s petitioner and the Oklahoma Health Care Authority, and $94,996.00 payable jointly to L.C.'s petitioner and the South Carolina Department of Health and Human Services. The award also included an amount sufficient to purchase an annuity contract, covering all items of damages available under the Vaccine Act. The decision directed the clerk of the court to enter judgment in accordance with the stipulation, unless a motion for review was filed. Petitioner's counsel was Danny Chia-Chi Soong of the Law Office of Danny Soong. Respondent's counsel was Althea Walker Davis of the U.S. Department of Justice. The public decision was originally filed on November 13, 2020, and was later corrected on December 17, 2020, to fix the case caption and stipulation filing date. Theory of causation field: Petitioner alleged that L.C. suffered quadriplegia secondary to transverse myelitis as a result of receiving HIB, DTaP, Hep B, IPV, PCV, and rotavirus vaccines on September 10, 2012. Respondent denied that the vaccines caused L.C.'s condition. The parties filed a joint stipulation for damages, agreeing to an award. The Special Master adopted the stipulation. The award included compensation for first-year life care expenses, trust seed funds, lost future earnings, pain and suffering, and reimbursement to Oklahoma and South Carolina Medicaid programs, as well as an amount for an annuity. The specific medical experts, onset of symptoms, clinical details, diagnostic tests, treatments, or the precise mechanism of causation were not described in the public decision, as the case was resolved by stipulation. The decision was issued by Special Master Daniel T. Horner on November 13, 2020. Petitioner was represented by Danny Chia-Chi Soong, and respondent was represented by Althea Walker Davis. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00837-0 Date issued/filed: 2020-12-08 Pages: 3 Docket text: PUBLIC DECISION (Originally filed: 11/13/2020) regarding 76 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (tkp) Service on parties made. (Main Document 79 replaced on 12/17/2020 to correct case caption and stipulation filed date on page 1.) (dls) -------------------------------------------------------------------------------- Case 1:14-vv-00837-UNJ Document 79 Filed 12/08/20 Page 1 of 3 Corrected In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-837V Filed: November 13, 2020 UNPUBLISHED L.C, a minor by and Through her Guardian Ad Litem, DANIELA CRUMPTON Joint Stipulation on Damages; haemophilus influenzae type B (HIB); Petitioner, diphtheria-tetanus-acellular pertussis v. (DTaP); hepatitis B (Hep B); inactivated poliovirus (IPV); SECRETARY OF HEALTH AND pneumococcal conjugate (PCV); HUMAN SERVICES, rotavirus; quadriplegia; transverse myelitis Respondent. Danny Chia-Chi Soong, Law Office of Danny Soong, West Covina, CA, for petitioner. Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On September 9, 2014, petitioner filed a petition on behalf of her daughter, L.C., for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that she suffered quadriplegia secondary to transverse myelitis as a result of her receipt of haemophilus influenzae type B (“HIB”), diphtheria-tetanus-acellular pertussis (“DTaP”), hepatitis B (“Hep B”), inactivated poliovirus (“IPV”), pneumococcal conjugate (“PCV”), and rotavirus vaccines on September 10, 2012. Petition at 1; Stipulation, filed November 12, 2020, at ¶ 4. Petitioner further alleges that the vaccines were administered within the United States, that her daughter’s condition has persisted for more than six months, and that there has been no prior award or settlement of a civil action for damages on behalf of L.C. as a result of her condition. Petition at 1-4; Stipulation at ¶¶ 3-5. “Respondent denies that the HIB, DTaP, Hep B, IPV, PCV, or rotavirus vaccines caused L.C. to suffer 1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will be posted on the United States Court of Federal Claims’ website in accordance with the E-Government Act of 2002. See 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the decision will be available to anyone with access to the Internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information the disclosure of which would constitute an unwarranted invasion of privacy. If the special master, upon review, agrees that the identified material fits within this definition, it will be redacted 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). Case 1:14-vv-00837-UNJ Document 79 Filed 12/08/20 Page 2 of 3 from quadriplegia secondary to transverse myelitis, or any other injury or her current condition ” Stipulation at ¶ 6. Nevertheless, on November 12, 2020, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: a. A lump sum of $1,712,099.07 in the form of a check payable to TNB Financial Services, as trustee of the grantor reversionary trust established for the benefit of L.C. This amount represents compensation for first year life care expenses ($513,804.07) and trust seed funds ($1,198,295.00). Stipulation at ¶ 8; b. A lump sum of $750,000.00 in the form of a check payable to petitioner as guardian/conservator of the estate of L.C. for the benefit of L.C. This amount represents compensation for lost future earnings and pain and suffering. Stipulation at ¶ 8; c. A lump sum of $2,612,770.08 in the form of a check payable jointly to petitioner and Oklahoma Health Care Authority and mailed to: Oklahoma Health Care Authority Third Party Liability Unit 4345 N. Lincoln Blvd. Oklahoma City, OK 73105 Attn: Lisa Duncan OKCA Case #: 629341 Petitioner shall endorse this check to the Oklahoma Health Care Authority. Stipulation at ¶ 8; d. A lump sum of $94,996.00 in the form of a check payable jointly to petitioner and the South Carolina Department of Health and Human Services, and mailed to: DHHS Reporting and Receivables P.O. Box 8355 Columbia SC 29202-9189 Attn: Melissa Andrade Case Number: C-20-001209 Petitioner shall endorse this check to the South Carolina Department of Health and Human Services. Stipulation at ¶ 8; and 2 Case 1:14-vv-00837-UNJ Document 79 Filed 12/08/20 Page 3 of 3 e. An amount sufficient to purchase the annuity contract described in paragraph 10 of the stipulation. Stipulation at ¶ 8. These amounts represent compensation for all items of damages that would be available under § 15(a). In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Daniel T. Horner Daniel T. Horner Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 3