VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00423
Package ID: USCOURTS-cofc-1_15-vv-00423
Petitioner: David Lightbourne
Filed: 2017-01-12
Decided: 2017-02-15
Vaccine: Hepatitis A
Vaccination date: 2012-08-06
Condition: severe gastro-intestinal (“GI”) distress, nerve pain, confusion, fatigue, disorientation, paresis, transient paralysis and loss of motor function
Outcome: compensated
Award amount USD: 20000

AI-assisted case summary:
David Lightbourne filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he developed severe gastro-intestinal distress, nerve pain, confusion, fatigue, disorientation, paresis, transient paralysis, and loss of motor function as a result of receiving Hepatitis A and Hepatitis B vaccines on August 6, 2012, and Tetanus, Diphtheria, Acellular Pertussis (Tdap), and Meningococcal vaccines on May 15, 2014. The parties filed a joint stipulation for damages, agreeing that Mr. Lightbourne should receive compensation. Respondent denied that the vaccines caused his alleged injuries. The court found the stipulation reasonable and adopted it as the decision of the Court. Mr. Lightbourne was awarded a lump sum of $20,000.00 as compensation for all damages available under the program. The parties waived their right to seek review, and judgment was entered accordingly.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00423-0
Date issued/filed: 2017-02-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/12/2017) regarding 50 DECISION Stipulation/Proffer Signed by Special Master Herbrina Sanders. (azc) Copy to parties.
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Case 1:15-vv-00423-UNJ Document 56 Filed 02/15/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-423V
Filed: January 12, 2017
* * * * * * * * * * * * * UNPUBLISHED
DAVID LIGHTBOURNE, *
* Special Master Sanders
Petitioner, *
* Joint Stipulation on Damages; Hepatitis A
v. * Vaccine; Hepatitis B Vaccine;
* Meningococcal Vaccine; Tetanus,
SECRETARY OF HEALTH * Diphtheria, Acellular Pertussis (“Tdap”)
AND HUMAN SERVICES, * Vaccine.
*
Respondent. *
* * * * * * * * * * * * *
Andrew D. Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for Petitioner.
Christine M. Becer, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On April 27, 2015, David Lightbourne (“Petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34
(2012). Petitioner alleged that as a result of the Hepatitis A and Hepatitis B vaccines
administered on August 6, 2012, and the Tetanus, Diphtheria, Acullular Pertussis (“Tdap”), and
Meningococcal vaccines administered on May 15, 2014, he developed severe gastro-intestinal
(“GI”) distress, nerve pain, confusion, fatigue, disorientation, paresis, transient paralysis and loss
of motor function. See Stipulation at ¶ ¶ 1-4, filed Jan. 12, 2017.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, codified as amended at 44 U.S.C. §
3501 note (2012). 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-00423-UNJ Document 56 Filed 02/15/17 Page 2 of 7
On January 12, 2017, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation to Petitioner. Respondent denies that the
aforementioned vaccines caused Petitioner’s injury, or any other injury. Nevertheless, the parties
agree to the joint stipulation, attached hereto as Appendix A. I find the stipulation reasonable
and adopt 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 $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) for injuries allegedly related to receipt of his
covered injuries.
Id. at ¶ 8.
I approve the requested amount for Petitioner’s compensation. Accordingly, an award
should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
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

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