VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01201
Package ID: USCOURTS-cofc-1_14-vv-01201
Petitioner: A.G.
Filed: 2016-09-01
Decided: 2016-09-01
Vaccine: HPV
Vaccination date: 2013-03-28
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 2903

AI-assisted case summary:
On September 1, 2016, A.G., a minor, through his parent and natural guardian Jorge Gutierrez, filed a petition alleging that the human-papillomavirus (HPV) vaccine administered on March 28, 2013, caused A.G. to develop transverse myelitis (TM) with residual effects lasting over six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the TM or any other injury. The parties reached a stipulation to resolve the case, which the Special Master adopted. The decision awarding damages was issued by Special Master Laura D. Millman on September 1, 2016. Compensation was awarded as follows: a lump sum payment of $2,903.44 to satisfy a State of Oklahoma Medicaid lien, payable by check jointly to petitioner and the Oklahoma Health Care Authority. Additionally, an amount sufficient to purchase an annuity contract, as described in the stipulation, was awarded for all other damages. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation. Petitioner was represented by Maximillian J. Muller, and respondent was represented by Debra A. Filteau Begley.

Theory of causation field:
Petitioner alleged that the HPV vaccine administered on March 28, 2013, caused A.G., a minor, to develop transverse myelitis (TM) with residual effects lasting over six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and the Special Master adopted the stipulation, awarding compensation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the TM. The award included a lump sum of $2,903.44 for a Medicaid lien and an additional amount for an annuity contract. The decision was issued by Special Master Laura D. Millman on September 1, 2016. Petitioner's counsel was Maximillian J. Muller, and respondent's counsel was Debra A. Filteau Begley.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01201-0
Date issued/filed: 2016-09-26
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 09/01/2016) regarding 34 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties.
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Case 1:14-vv-01201-UNJ Document 37 Filed 09/26/16 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1201V
Filed: September 1, 2016
Not for Publication
*************************************
A.G., a Minor, by and Through *
his Parent and Natural Guardian, *
JORGE GUTIERREZ , *
*
Petitioner, *
Damages decision based on
*
stipulation; human-papillomavirus
v. *
(“HPV”) vaccine; transverse
*
myelitis (“TM”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Maximillian J. Muller, Dresher, PA, for petitioner.
Debra A. Filteau Begley, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On September 1, 2016, the parties filed the attached stipulation in which they agreed to
settle this case and described the settlement terms. Petitioner alleges that the human-
papillomavirus (“HPV”) vaccine his minor son A.G. received on March 28, 2013 caused A.G. to
develop transverse myelitis (“TM”). Petitioner further alleges that A.G. experienced the
residual effects of these injuries for more than six months. Respondent denies that A.G.’s HPV
vaccine(s) caused him to develop TM or any other injury.
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision 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). Vaccine Rule 18(b) states that
all decisions of the special masters will be made available to the public unless they contain trade secrets
or commercial or financial information that is privileged and confidential, or medical or similar
information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a
decision is filed, petitioner has 14 days to identify and move to redact such information prior to the
document=s disclosure. If the special master, upon review, agrees that the identified material fits within
the banned categories listed above, the special master shall redact such material from public access.

Case 1:14-vv-01201-UNJ Document 37 Filed 09/26/16 Page 2 of 9
Nonetheless, the parties agreed to resolve this matter informally. The undersigned finds
the terms of the stipulation to be reasonable. The court adopts the parties’ attached stipulation
and awards compensation in the amount and on the terms set forth in the stipulation. Pursuant to
the stipulation, the court awards:
a. a lump sum payment of $2,903.44 representing compensation for full satisfaction of the
State of Oklahoma Medicaid lien. This payment shall be in the form of a check payable
jointly to petitioner and:
Oklahoma Health Care Authority
Attn: Jayna Sims
4345 N. Lincoln Blvd.
Oklahoma City, OK 73105
Soonercare # 042133250
Petitioner agrees to endorse this payment to Oklahoma Health Care Authority; and
b. An amount sufficient to purchase the annuity contract described in paragraph 10 of the
attached stipulation, paid to the life insurance company from which the annuity will be
purchased. This amount represents compensation for all damages that would be available
under 42 U.S.C. §300aa-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 herewith.2
IT IS SO ORDERED.
Dated: September 1, 2016 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

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