VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00221 Package ID: USCOURTS-cofc-1_15-vv-00221 Petitioner: Brandene Laporte Filed: 2016-04-26 Decided: 2016-04-27 Vaccine: Tdap Vaccination date: 2012-03-05 Condition: transverse myelitis Outcome: compensated Award amount USD: 140000 AI-assisted case summary: On April 26, 2016, Brandene Laporte filed a petition alleging that she developed transverse myelitis (TM) as a result of receiving a tetanus, diphtheria, acellular pertussis (Tdap) vaccine on March 5, 2012. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Ms. Laporte's TM or any other injury. The parties subsequently reached a stipulation to resolve the case. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded Brandene Laporte $140,000.00 in damages, representing reimbursement for all available damages under 42 U.S.C. § 300aa-15(a). The award was to be paid as a lump sum check to the petitioner. Petitioner was represented by Maximillian J. Muller, and respondent was represented by Justine E. Walters. The decision was dated April 27, 2016. Theory of causation field: Petitioner Brandene Laporte alleged that her transverse myelitis (TM) was caused by the tetanus, diphtheria, acellular pertussis (Tdap) vaccine she received on March 5, 2012. Respondent denied causation. The parties reached a stipulation to resolve the case, and the Special Master adopted the stipulation. The public decision does not describe the specific theory of causation, any medical experts, or the mechanism of injury. The case resulted in a compensated outcome with an award of $140,000.00 paid as a lump sum. The decision was issued by Special Master Laura D. Millman on April 27, 2016. Petitioner's counsel was Maximillian J. Muller, and respondent's counsel was Justine E. Walters. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00221-0 Date issued/filed: 2016-05-18 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/27/2016) regarding 31 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00221-UNJ Document 38 Filed 05/18/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-221V Filed: April 27, 2016 Not for Publication ************************************* BRANDENE LAPORTE, * * Petitioner, * * Damages decision based on stipulation; v. * transverse myelitis (“TM”); tetanus, * diphtheria, acellular pertussis (“Tdap”) SECRETARY OF HEALTH * vaccine AND HUMAN SERVICES, * * Respondent. * * ************************************* Maximillian J. Muller, Dresher, PA, for petitioner. Justine E. Walters, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On April 26, 2016, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered transverse myelitis (“TM”) caused by her March 5, 2012 receipt of the tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine. Respondent denies that the Tdap vaccine caused petitioner’s TM or any other injury. Nonetheless, the parties agreed to resolve this matter informally. 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 1:15-vv-00221-UNJ Document 38 Filed 05/18/16 Page 2 of 7 The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of $140,000.00, representing reimbursement for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2012). The award shall be in the form of a check payable to petitioner in the amount of $140,000.00. 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: April 27, 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 Case 1:15-vv-00221-UNJ Document 38 Filed 05/18/16 Page 3 of 7 Case 1:15-vv-00221-UNJ Document 38 Filed 05/18/16 Page 4 of 7 Case 1:15-vv-00221-UNJ Document 38 Filed 05/18/16 Page 5 of 7 Case 1:15-vv-00221-UNJ Document 38 Filed 05/18/16 Page 6 of 7 Case 1:15-vv-00221-UNJ Document 38 Filed 05/18/16 Page 7 of 7