VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00222 Package ID: USCOURTS-cofc-1_15-vv-00222 Petitioner: Melvin Keith Castle Filed: 2015-03-04 Decided: 2017-01-05 Vaccine: Tdap Vaccination date: 2014-01-24 Condition: neuropathy, thrombocytopenia, lymphadenopathy, central vestibular system impairment Outcome: compensated Award amount USD: 20000 AI-assisted case summary: Melvin Keith Castle filed a petition on March 4, 2015, under the National Vaccine Injury Compensation Program, alleging that a Tdap vaccine administered on January 24, 2014, caused him to suffer neuropathy, thrombocytopenia, lymphadenopathy, and central vestibular system impairment. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Mr. Castle's alleged injuries or his current condition. Despite this denial, on December 1, 2016, both parties filed a joint stipulation agreeing to an award of compensation. Special Master Thomas L. Gowen reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. The stipulation provided for a lump sum payment of $20,000.00, payable to Mr. Castle, as compensation for all damages. Judgment was entered in accordance with the terms of the stipulation. Petitioner was represented by William E. Cochran of Black MacLaren, et al., PC, and respondent was represented by Lara A. Englund of the United States Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner Melvin Keith Castle alleged that a Tdap vaccine administered on January 24, 2014, caused neuropathy, thrombocytopenia, lymphadenopathy, and central vestibular system impairment. The respondent denied causation. The parties filed a joint stipulation on December 1, 2016, agreeing to compensation. Special Master Thomas L. Gowen approved the stipulation, awarding $20,000.00 for all damages. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. Petitioner was represented by William E. Cochran, and respondent by Lara A. Englund. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00222-0 Date issued/filed: 2017-01-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/02/2016) regarding 38 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00222-UNJ Document 42 Filed 01/05/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-222V Filed: December 2, 2016 * * * * * * * * * * * * * UNPUBLISHED MELVIN KEITH CASTLE, * * Petitioner, * Special Master Gowen * v. * Joint Stipulation on Damages; * Tetanus-Diphtheria-Acellular SECRETARY OF HEALTH * Pertussis (“Tdap”) Vaccine; AND HUMAN SERVICES, * Neuropathy; Thrombocytopenia; * Lymphadenopathy; Central Respondent. * Vestibular System Impariment * * * * * * * * * * * * * * William E. Cochran, Black MacLaren, et al., PC, Memphis, TN, for petitioner. Lara A. Englund, United States Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On March 4, 2015, Melvin Keith Castle (“petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to 34 (2012). Petitioner alleged that as a result of receiving a Tdap vaccine on January 24, 2014, he suffered neuropathy, thrombocytopenia, lymphadenopathy, central vestibular system impairment, and other injuries. Petition at Preamble. On December 1, 2016, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that the Tdap vaccine is the cause of petitioner’s alleged neuropathy, thrombocytopenia, lymphadenopathy, central vestibular 1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this ruling on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 1 Case 1:15-vv-00222-UNJ Document 42 Filed 01/05/17 Page 2 of 7 system impairment, or any other injury or his current condition. Stipulation at ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned 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 in compensation: a. A lump sum of $20,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. at ¶ 8. The undersigned approves the requested amount for petitioner’s compensation. Accordingly, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:15-vv-00222-UNJ Document 42 Filed 01/05/17 Page 3 of 7 Case 1:15-vv-00222-UNJ Document 42 Filed 01/05/17 Page 4 of 7 Case 1:15-vv-00222-UNJ Document 42 Filed 01/05/17 Page 5 of 7 Case 1:15-vv-00222-UNJ Document 42 Filed 01/05/17 Page 6 of 7 Case 1:15-vv-00222-UNJ Document 42 Filed 01/05/17 Page 7 of 7