VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00814
Package ID: USCOURTS-cofc-1_15-vv-00814
Petitioner: L.C.
Filed: 2015-07-31
Decided: 2017-07-17
Vaccine: Tdap
Vaccination date: 2012-08-06
Condition: seizure disorder
Outcome: compensated
Award amount USD: 

AI-assisted case summary:
On July 31, 2015, Christi and Robert Canada, as parents and natural guardians of L.C., filed a petition for compensation under the National Vaccine Injury Compensation Program. They alleged that L.C. suffered from a seizure disorder as a result of a Tetanus-diphtheria-acellular-pertussis (Tdap) vaccine administered on August 6, 2012. The petition further alleged that L.C. experienced symptoms of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused L.C.'s alleged seizure disorder or any other injury. However, on July 10, 2017, the parties filed a joint stipulation on damages, agreeing that compensation should be awarded. The stipulation outlined that Petitioners would receive an amount sufficient to purchase an annuity contract. Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court, approving the compensation amount. Judgment was to be entered in accordance with the stipulation. The public decision does not describe the specific onset of symptoms, clinical details of the seizure disorder, any diagnostic tests performed, treatments received, or the specific mechanism of causation. The names of the petitioner's counsel were Jeffrey S. Pop and Jeffrey S. Pop & Associates, and the respondent's counsel was Mallori B. Openchowski from the United States Department of Justice.

Theory of causation field:
Petitioners alleged that L.C. suffered from a seizure disorder as a result of a Tdap vaccine administered on August 6, 2012, and experienced symptoms for more than six months. Respondent denied causation. The parties filed a joint stipulation on damages, agreeing to an award of compensation sufficient to purchase an annuity contract. The Special Master adopted the stipulation as the decision of the Court. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury. The award was based on a stipulation between the parties. Special Master Herbrina Sanders issued the decision on July 17, 2017. Petitioners' counsel was Jeffrey S. Pop, and respondent's counsel was Mallori B. Openchowski.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00814-0
Date issued/filed: 2017-08-21
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 07/17/2017) regarding 55 DECISION Stipulation Signed by Special Master Herbrina Sanders. (azc) Copy to parties.
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Case 1:15-vv-00814-UNJ Document 59 Filed 08/21/17 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: July 17, 2017
* * * * * * * * * * * * * *
CHRISTI CANADA, as mother and * No. 15-814V
natural guardian of minor L.C., and *
ROBERT CANADA, as father and * Special Master Sanders
natural guardian of L.C., *
*
Petitioners, * Joint Stipulation on Damages; Tetanus-
* diphtheria-acellular-pertussis (“Tdap”)
v. * Vaccine; Seizure Disorder; Annuity.
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioners.
Mallori B. Openchowski, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On July 31, 2015, Christi and Robert Canada (“Petitioners”), as the parents and natural
guardians of L.C., filed a petition for compensation pursuant to the National Vaccine Injury
Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2012). Petitioners alleged that as a
result of the Tetanus-diphtheria-acellular-pertussis (“Tdap”) vaccine administered on August 6,
2012, L.C. suffered from a seizure disorder. See Stip. at ¶¶ 1-4, ECF No. 54. Petitioners further
alleged that L.C. experienced symptoms of this injury for more than six months. Id. at ¶ 4.
1 This decision shall be posted 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), a party has 14 days to identify and move to delete medical or other information that
satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a
motion for redaction must include a proposed redacted decision. If, upon review, the
undersigned agrees that the identified material fits within the requirements of that provision, such
material will be deleted from public access.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42
U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act,” “the Act,” or “the Program”). Hereafter,
individual section references will be to 42 U.S.C. § 300aa of the Act.

Case 1:15-vv-00814-UNJ Document 59 Filed 08/21/17 Page 2 of 8
On July 10, 2017, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation to Petitioners. Respondent denies that the Tdap vaccine
caused Petitioners’ alleged seizure disorder or any other injury. Id. 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 Petitioners shall receive the following compensation:
An amount sufficient to purchase the annuity contract described in
paragraph 10 [of the attached stipulation], paid to the life insurance
company from which the annuity will be purchased (the “Life Insurance
Company”).
Id. at ¶ 8.
The undersigned approves the requested amount for Petitioners’ 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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