VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00449 Package ID: USCOURTS-cofc-1_15-vv-00449 Petitioner: Q.P. Filed: 2015-05-04 Decided: 2019-03-07 Vaccine: Tdap Vaccination date: 2012-08-09 Condition: chronic inflammatory demyelinating polyneuropathy (CIDP) Outcome: compensated Award amount USD: 960000 AI-assisted case summary: Q.P. filed a petition on May 4, 2015, alleging that he suffered from chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of receiving a Tdap vaccination on August 9, 2012, and an MMR vaccination on August 27, 2012. The respondent denied that the vaccines caused the petitioner's CIDP or any other injury. The parties, Ronald Craig Homer for the petitioner and Jennifer Leigh Reynaud for the respondent, reached a joint stipulation to settle the case. The stipulation stated that the respondent denied causation but agreed to a settlement. The terms of the stipulation awarded Q.P. a lump sum of $960,000.00, payable by check, as compensation for all damages. Special Master Thomas L. Gowen found the stipulation reasonable and adopted it as the decision of the Court. Judgment was entered in accordance with the stipulation. The decision was originally filed on December 14, 2018, and refiled in redacted form on March 7, 2019, with the petitioner's name redacted to initials. The public decision does not describe the petitioner's specific symptoms, medical history, diagnostic tests, treatments, or any expert witnesses. The specific mechanism of causation was not detailed in the public decision. Theory of causation field: Petitioner Q.P. alleged CIDP resulting from Tdap (August 9, 2012) and MMR (August 27, 2012) vaccinations. Respondent denied causation. The parties entered a joint stipulation for settlement, awarding Q.P. $960,000.00 as a lump sum for all damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccines allegedly caused CIDP. The decision was filed by Special Master Thomas L. Gowen on March 7, 2019, after being refiled in redacted form. Petitioner counsel was Ronald Craig Homer, and respondent counsel was Jennifer Leigh Reynaud. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00449-0 Date issued/filed: 2019-03-07 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/14/2018) regarding 85 DECISION Stipulation/Proffer, Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:15-vv-00449-UNJ Document 92 Filed 03/07/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: December 14, 2018 Refiled in Redacted Form: March 7, 2019 * * * * * * * * * * * * * * * * * * * * * * * * * Q.P., * UNPUBLISHED * * No. 15-449V Petitioner, * v. * Special Master Gowen * SECRETARY OF HEALTH * Joint Stipulation; TDaP; MMR; AND HUMAN SERVICES, * Chronic Inflammatory * Demyelinating Polyneuropathy * (CIDP). Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Jennifer Leigh Reynaud, United States Department of Justice, Washington, DC, for respondent. DECISION ON STIPULATION1 On May 4, 2015, Q.P., (“petitioner”) filed a petition in the National Vaccine Injury Compensation Program (“Program”).2 Petition (ECF No. 1). Petitioner alleged that he suffered from chronic inflammatory demyelinating polyneuropathy (“CIDP”) as a result of receiving a TDaP vaccination on August 9, 2012 and an MMR vaccination on August 27, 2012. Id. at Preamble. On December 14, 2018, the parties filed a joint stipulation in which they stated that a decision should be entered awarding compensation to petitioner. Stipulation (ECF No. 84). Respondent denied that petitioner’s alleged CIDP and residual effects were caused-in-fact by Tdap vaccine and/or MMR vaccine, and denied that Tdap vaccine and/or MMR vaccine caused petitioner any other injury or his current condition. Id. at ¶ 6. 1 When this decision was originally filed, the undersigned advised the parties of his intent 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), petitioners filed a motion to redact certain information. This decision is being reissued with minimal changes, including redaction of the petitioner’s name in the case caption to initials. Except for those changes and this footnote, no other substantive changes have been made. This decision will be posted to the Court’s website with no further opportunity to move for redaction. 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”). Case 1:15-vv-00449-UNJ Document 92 Filed 03/07/19 Page 2 of 7 Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding compensation to petitioner according to the terms of the joint stipulation attached hereto as Appendix A. The joint stipulation awards: A lump sum of $960,000.00 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). I find the stipulation reasonable and I adopt it as the decision of the Court in awarding damages, on the terms set forth therein. 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-00449-UNJ Document 92 Filed 03/07/19 Page 3 of 7 Case 1:15-vv-00449-UNJ Document 92 Filed 03/07/19 Page 4 of 7 Case 1:15-vv-00449-UNJ Document 92 Filed 03/07/19 Page 5 of 7 Case 1:15-vv-00449-UNJ Document 92 Filed 03/07/19 Page 6 of 7 Case 1:15-vv-00449-UNJ Document 92 Filed 03/07/19 Page 7 of 7