VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01026 Package ID: USCOURTS-cofc-1_14-vv-01026 Petitioner: Renee Leetta Hunter Filed: 2014-10-22 Decided: 2016-10-05 Vaccine: Tdap Vaccination date: 2012-05-29 Condition: brachial neuritis Outcome: compensated Award amount USD: 65000 AI-assisted case summary: Renee Leetta Hunter filed a petition for compensation under the National Vaccine Injury Compensation Program on October 22, 2014. She alleged that she suffered brachial neuritis as a result of her Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccination on May 29, 2012. Ms. Hunter further alleged that she experienced residual effects from the injury for more than six months and that no prior award or settlement had been made for her condition. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Ms. Hunter's brachial neuritis or any other injury, and denied that her current disabilities were a sequela of a vaccine-related injury. Despite the respondent's denial, on July 22, 2016, the parties filed a joint stipulation for compensation. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it to be reasonable, adopting it as the decision of the Court. Ms. Hunter was awarded $65,000.00 as compensation for all items of damages. The decision does not describe the specific onset of symptoms, clinical details of the injury, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Ryan Patrick Richie of Wilson and Parlett, and respondent was represented by Michael Patrick Milmoe of the U.S. Department of Justice. Theory of causation field: Petitioner Renee Leetta Hunter alleged that her Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccination on May 29, 2012, caused brachial neuritis, with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was approved by Chief Special Master Nora Beth Dorsey. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Petitioner was awarded $65,000.00 in a lump sum. The decision date was October 5, 2016, with the petition filed on October 22, 2014. Attorneys involved were Ryan Patrick Richie for the petitioner and Michael Patrick Milmoe for the respondent. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-01026-0 Date issued/filed: 2016-10-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/22/2016) regarding 33 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-01026-UNJ Document 37 Filed 10/05/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-1026V Filed: July 22, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * RENEE LEETTA HUNTER, * * Petitioner, * Joint Stipulation on Damages; v. * Tetanus-Diphtheria-acellular Pertussis * Vaccination (“Tdap); Brachial Neuritis; SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Ryan Patrick Richie, Wilson and Parlett, Upper Marlboro, MD, for petitioner. Michael Patrick Milmoe, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On October 22, 2014, petitioner filed a petition 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 brachial neuritis as a result of her Tetanus-Diphtheria-acellular Pertussis (“Tdap”) vaccination on May 29, 2012. Petition at 1; Stipulation, filed July 22, 2016, at ¶¶ 2, 4. Petitioner further alleges that she suffered the residual effects of her injury for more than six months, and that “there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition.” Stipulation at ¶¶ 4-5. “Respondent denies that the Tdap vaccine caused petitioner to suffer brachial neuritis, or any injury, and further denies that her current disabilities are a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on July 22, 2016, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned 1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 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, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact 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). Case 1:14-vv-01026-UNJ Document 37 Filed 10/05/16 Page 2 of 7 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 compensation: A lump sum of $65,000.00 in the form of a check payable to petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under 42 U.S.C. § 300aa-15(a). Id. The undersigned approves the requested amount for petitioner’s compensation. 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/Nora Beth Dorsey Nora Beth Dorsey Chief 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. 2 Case 1:14-vv-01026-UNJ Document 37 Filed 10/05/16 Page 3 of 7 Case 1:14-vv-01026-UNJ Document 37 Filed 10/05/16 Page 4 of 7 Case 1:14-vv-01026-UNJ Document 37 Filed 10/05/16 Page 5 of 7 Case 1:14-vv-01026-UNJ Document 37 Filed 10/05/16 Page 6 of 7 Case 1:14-vv-01026-UNJ Document 37 Filed 10/05/16 Page 7 of 7