VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00716
Package ID: USCOURTS-cofc-1_15-vv-00716
Petitioner: J.L.D.
Filed: 2015-07-09
Decided: 2016-09-22
Vaccine: DTaP
Vaccination date: 2013-07-03
Condition: cerebellitis, cerebellar ataxia, torticollis, developmental regression, and/or other neurologic or physical impairments
Outcome: compensated
Award amount USD: 24624

AI-assisted case summary:
On July 9, 2015, Katie Davis, as mother and guardian for her minor child J.L.D., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that J.L.D. developed cerebellitis, cerebellar ataxia, torticollis, developmental regression, and/or other neurologic or physical impairments following vaccinations. Specifically, J.L.D. received diphtheria-tetanus-acellular pertussis (DTaP), inactivated polio virus (IPV), hepatitis B, rotavirus, haemophilus influenza type B (Hib), and pneumococcal conjugate (PCV7) vaccines on July 3, 2013, and measles-mumps-rubella (MMR) and varicella vaccines on January 30, 2014. The Secretary of Health and Human Services, the respondent, denied that the immunizations caused J.L.D.'s alleged injuries. However, the parties reached a joint stipulation to settle the case. The settlement terms included a lump sum payment of $20,000.00 payable to J.L.D.'s estate and a lump sum payment of $4,624.50 for reimbursement of Medicaid expenses, payable jointly to Katie Davis and First Recovery Group, LLC. The total award was $24,624.00. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded compensation on September 22, 2016. Petitioner's counsel was Michael G. McLaren of Black McLaren, et. al., P.C. Respondent's counsel was Justine Walters of the U.S. Department of Justice.

Theory of causation field:
Petitioner alleged that J.L.D. suffered from cerebellitis, cerebellar ataxia, torticollis, developmental regression, and/or other neurologic or physical impairments as a result of receiving DTaP, IPV, Hepatitis B, Rotavirus, Hib, and PCV7 vaccines on July 3, 2013, and MMR and Varicella vaccines on January 30, 2014. The respondent denied causation. The parties reached a joint stipulation to settle the case, resulting in an award of $20,000.00 to J.L.D.'s estate and $4,624.50 for Medicaid reimbursement, totaling $24,624.00. The decision was issued by Special Master Mindy Michaels Roth on September 22, 2016. The public decision does not describe the specific theory of causation, medical experts, or the mechanism of injury.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-00716-0
Date issued/filed: 2016-10-17
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 9/22/2016) regarding 29 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00716-UNJ Document 33 Filed 10/17/16 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
(Filed: September 22, 2016)
No. 15-716V
* * * * * * * * * * * * *
J.L.D., a Minor, by His Mother, *
KATIE DAVIS, *
* Decision on Joint Stipulation;
* Cerebellitis; Cerebellar ataxia;
* Torticollis; Neurologic
Petitioner, * Impairments; Diphtheria-tetanus-
* acellular pertussis (“DTaP”);
v. * Inactivated polio virus (“IPV”);
* Hepatitis B; Rotavirus;
SECRETARY OF HEALTH * Haemophilus influenza type B
AND HUMAN SERVICES, * (“Hib”); Measles-mumps-rubella
* (“MMR”); Pneumococcal
Respondent. * conjugate (“PCV7”); Varicella
*
* * * * * * * * * * * * *
Michael G. McLaren, Black McLaren, et. al., P.C., Memphis, TN, for petitioner.
Justine Walters, US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On July 9, 2015, Katie Davis (“Ms. Davis” or “petitioner”) filed a petition for
compensation on behalf of her minor child, J.L.D., under the National Vaccine Injury
Compensation Program.2 Petitioner alleges that J.L.D. developed cerebellitis, cerebellar ataxia,
torticollis, developmental regression, and/or other neurologic or physical impairments as a result
of receiving diphtheria-tetanus-acellular pertussis (“DTaP”), inactivated polio virus (“IPV”),
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this
decision on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002,
Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). In
accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other
information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule
requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the
identified material fits within the requirements of that provision, I will delete such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of
citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).
1

Case 1:15-vv-00716-UNJ Document 33 Filed 10/17/16 Page 2 of 8
hepatitis B, rotavirus, haemophilus influenza type B (“Hib”), and pneumococcal conjugate
(“PCV7”) vaccines on July 3, 2013, and measles-mumps-rubella (“MMR”) and varicella
vaccines on January 30, 2014. See Stipulation, filed September 22, 2016, at ¶¶ 1-4. Respondent
denies that any of the above immunizations caused J.L.D.’s injury. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On September 22, 2016, the
parties filed a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
(1) A lump sum of $20,000.00 in the form of a check payable to petitioner as
guardian/conservator of J.L.D.’s estate; and
(2) A lump sum of $4,624.50, which amount represents reimbursement of a
Medicaid, in the form of a check payable jointly to petitioner and
First Recovery Group, LLC
P.O. box 771932
Detroit, MI 48277-1932
FRG File No. 602764-116715
This amount represents compensation for all damages that would be available under § 300aa-
15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount
and on the terms set forth therein. The clerk of the court is directed to enter judgment in
accordance with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the
right to seek review.
2

Case 1:15-vv-00716-UNJ Document 33 Filed 10/17/16 Page 3 of 8

Case 1:15-vv-00716-UNJ Document 33 Filed 10/17/16 Page 4 of 8

Case 1:15-vv-00716-UNJ Document 33 Filed 10/17/16 Page 5 of 8

Case 1:15-vv-00716-UNJ Document 33 Filed 10/17/16 Page 6 of 8

Case 1:15-vv-00716-UNJ Document 33 Filed 10/17/16 Page 7 of 8

Case 1:15-vv-00716-UNJ Document 33 Filed 10/17/16 Page 8 of 8