VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01094
Package ID: USCOURTS-cofc-1_14-vv-01094
Petitioner: JASMINE MORGAN (Parent), On behalf of the Estate of C.S. (deceased, minor)
Filed: 2014-11-10
Decided: 2016-10-06
Vaccine: DtaP
Vaccination date: 2012-11-16
Condition: acute cerebral edema and brain herniation
Outcome: compensated
Award amount USD: 375332

AI-assisted case summary:
On November 10, 2014, Jasmine Morgan, as the parent of the deceased minor C.S., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that C.S. died from acute cerebral edema and brain herniation as a result of receiving a DtaP vaccine on November 16, 2012. Petitioner claimed that C.S.'s injury and death were either caused in fact by the vaccination or constituted an injury listed on the Vaccine Injury Table. The case was assigned to the Special Processing Unit. On June 8, 2015, the respondent conceded that C.S.'s injury met the requirements for an on-Table encephalopathy for pertussis-containing vaccines and that his death was a result of this injury, and was not due to unrelated factors. On June 9, 2015, Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement, finding C.S. entitled to compensation based on the respondent's concession and the evidence. Subsequently, on August 5, 2016, the respondent filed a proffer for an award of compensation. Chief Special Master Nora Beth Dorsey issued a decision on October 6, 2016, awarding the proffered amount of $375,332.22. This award included a lump sum of $25,302.25 to reimburse a Commonwealth of Virginia Medicaid lien, payable jointly to petitioner and the Department of Medical Assistance Services. An additional lump sum payment of $350,029.97 was awarded, payable to petitioner as the legal representative of C.S.'s estate. The decision noted that no payments would be made until petitioner provided documentation of her appointment as the legal representative of C.S.'s estate. Petitioner was represented by Rabiah Abdullah of Rich Law Firm, P.C., and the respondent was represented by Michael Patrick Milmoe of the U.S. Department of Justice.

Theory of causation field:
Petitioner Jasmine Morgan, on behalf of the Estate of C.S. (deceased minor), alleged that C.S. died from acute cerebral edema and brain herniation as a result of receiving a DtaP vaccine on November 16, 2012. The petition alleged that the injury and death were either caused in fact by the vaccination or constituted an injury contained within the Vaccine Injury Table. The respondent conceded that C.S.'s injury met the requirements for an on-Table encephalopathy for pertussis-containing vaccines, pursuant to 42 C.F.R. § 100.3(a), and that C.S.'s death was a result of this on-Table injury, and not due to unrelated factors, as required by 42 U.S.C. § 300aa-13(a)(1). Chief Special Master Denise Kathryn Vowell issued a Ruling on Entitlement on June 9, 2015, finding C.S. entitled to compensation. Chief Special Master Nora Beth Dorsey issued a Decision Awarding Damages on October 6, 2016, awarding a total of $375,332.22, consisting of $25,302.25 for a Commonwealth of Virginia Medicaid lien reimbursement and $350,029.97 payable to petitioner as the legal representative of C.S.'s estate. Petitioner was represented by Rabiah Abdullah (Rich Law Firm, P.C.), and respondent was represented by Michael Patrick Milmoe (U.S. Department of Justice).

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_14-vv-01094-0
Date issued/filed: 2015-07-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/09/2015) regarding 22 Ruling on Entitlement (Signed by Chief Special Master Denise Kathryn Vowell. )(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-01094-UNJ Document 25 Filed 07/02/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1094V
Filed: June 9, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JASMINE MORGAN (Parent), *
On behalf of the Estate of *
C.S. (deceased, minor), *
*
Petitioner, * Ruling on Entitlement; Concession;
* Diphtheria, tetanus and acellular
* Pertussis (“DtaP”); Encephalopathy;
SECRETARY OF HEALTH * Death; Table Injury
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Rabiah Abdullah, Rich Law Firm, P.C., Washington, D.C., for petitioner.
Michael Patrick Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On November 10, 2014, Jasmine Morgan filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act” or “Program”] on behalf of C.S., a deceased minor. Petitioner alleges that
C.S. died of acute cerebral edema and brain herniation as a result of receiving, inter
alia, a DtaP vaccine. Petition at 1. Petitioner alleged C.S.’s injury and death were
either caused in fact by his vaccinations or constituted an injury contained within the
Vaccine Injury Table. Id at 6. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend to
post it 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 (2006)). 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, I agree that the identified material fits within this definition, I 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 (2006).

Case 1:14-vv-01094-UNJ Document 25 Filed 07/02/15 Page 2 of 2
On June 8, 2015, respondent filed her Rule 4(c) report in which she concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent states:
DICP has concluded that a preponderance of evidence establishes that
C.S.’s injury meets the requirements of demonstrating an on-Table
encephalopathy for pertussis-containing vaccines, pursuant to the Vaccine
Injury Table. 42 C.F.R. § 100.3(a). In addition, DICP concluded that C.S’s
death was a result of his on-Table injury. Finally, DICP concluded that
C.S.’s injury and death were not due to factors unrelated to the
administration of this vaccine. See 42 U.S.C. § 300aa-13(a)(1). In
summary, in light of the information contained in petitioner’s medical
records, respondent has concluded that C.S’s death is compensable
under the Act.
Id. at 4.
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_14-vv-01094-1
Date issued/filed: 2016-10-06
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/05/2016) regarding 49 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-01094-UNJ Document 53 Filed 10/06/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1094V
Filed: August 5, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JASMINE MORGAN (Parent), *
On behalf of the Estate of *
C.S. (deceased, minor), *
*
Petitioner, * Damages based on proffer;
* Diphtheria, tetanus and acellular
* Pertussis (“DtaP”); Encephalopathy;
SECRETARY OF HEALTH * Death; Table Injury
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Rabiah Abdullah, Rich Law Firm, P.C., Washington, D.C., for petitioner.
Michael Patrick Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 10, 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 C.S. died of acute cerebral edema and brain
herniation as a result of receiving, inter alia, a DtaP vaccine. Petition at 1. Petitioner
alleged C.S.’s injury and death were either caused in fact by his vaccinations or
constituted an injury contained within the Vaccine Injury Table. Id at 6. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On June 9, 2015, a ruling on entitlement was issued, finding petitioner entitled to
compensation for an on-Table Encephalopathy. On August 5, 2016, respondent filed a
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-01094-UNJ Document 53 Filed 10/06/16 Page 2 of 4
proffer on award of compensation (“Proffer”) indicating petitioner should be awarded
$375, 332.22, including $25,302.25 for reimbursement of a Commonwealth of Virginia
Medicaid lien. Proffer at 1. In the Proffer, respondent represented that petitioner
agrees with the proffered award. Based on the record as a whole, the undersigned
finds that petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner:
• A lump sum of $25,302.25, which amount represents reimbursement of a
Commonwealth of Virginia Medicaid lien, in the form of a check payable
jointly to petitioner and
Department of Medical Assistance Services
Accounts Receivable 8th Floor
600 E. Broad Street
Richmond, VA 232193
• A lump sum payment of $350,029.97 in the form of a check payable to
petitioner as the legal representative of the estate of C.S.
These amounts represent compensation for all damages that would be available
under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Petitioner agrees to endorse this check to the appropriate State agency. (Proffer at 2.)
4 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-01094-UNJ Document 53 Filed 10/06/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
JASMINE MORGAN (parent), on behalf )
of the Estate of C.S., (minor, deceased), ) ECF
)
Petitioner, ) No. 14-1094V
) Chief Special Master
v. ) Nora Beth Dorsey
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On June 9, 2015, former Chief Special Master Denise K. Vowell issued a Ruling on
Entitlement determining that petitioner was entitled to vaccine compensation for the death of her
son, C.S., following his receipt of multiple vaccinations on November 16, 2012. Based upon
the evidence of record, respondent proffers that petitioner should be awarded $375,332.22, which
represents all elements of compensation to which petitioner would be entitled under 42 U.S.C.
§ 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through the following lump sum payments:
a) a lump sum of $25,302.25, which amount represents reimbursement of a
Commonwealth of Virginia Medicaid lien, in the form of a check payable jointly to
petitioner, and
Department of Medical Assistance Services
Accounts Receivable 8th Floor
600 E. Broad Street
Richmond, VA 23219

Case 1:14-vv-01094-UNJ Document 53 Filed 10/06/16 Page 4 of 4
Petitioner agrees to endorse this check to the appropriate State agency.
b) a lump sum payment of $350,029.97, in the form of a check payable to petitioner as
the legal representative of the estate of C.S.
Petitioner agrees. These amounts account for all elements of compensation under 42 U.S.C.
§ 300aa-15(a) to which petitioner would be entitled.
No payments shall be made until petitioner provides respondent with documentation that
she has been appointed as the legal representative of C.S.’s estate.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
VORIS E. JOHNSON
Senior Trial Attorney
Torts Branch, Civil Division
/s/Michael P. Milmoe
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4125
Dated: August 5, 2016 Fax: (202) 616-4310