VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00906
Package ID: USCOURTS-cofc-1_15-vv-00906
Petitioner: James O. Jones, Jr.
Filed: 2015-08-20
Decided: 2017-04-20
Vaccine: hepatitis A, hepatitis B, Tdap
Vaccination date: 
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 190000

AI-assisted case summary:
James O. Jones, Jr. filed a petition for vaccine compensation on August 20, 2015, alleging that the hepatitis A, hepatitis B, and tetanus-diphtheria-acellular pertussis (Tdap) vaccines, received on or about April 9, 2013, and May 7, 2013, caused him to develop transverse myelitis (TM). He also alleged that these vaccines aggravated an underlying disorder, leading to TM, and that he experienced residual effects for more than six months. Respondent denied that the vaccines caused his condition. The parties reached a settlement, and on April 20, 2017, Special Master Christian J. Moran adopted their stipulation as the court's decision. The stipulation awarded Mr. Jones $190,000.00 as compensation for all damages available under the program. The case was settled as a Table claim, and the parties agreed that this stipulation represented a full and complete negotiated settlement of liability and damages. Petitioner was represented by Ramon Rodriguez, III of Rawls, McNelis and Mitchell, P.C., and respondent was represented by Amy P. Kokot of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner James O. Jones, Jr. alleged that the hepatitis A, hepatitis B, and Tdap vaccines, received on or about April 9, 2013, and May 7, 2013, caused transverse myelitis (TM) or aggravated an underlying disorder leading to TM. Respondent denied causation. The parties stipulated to a settlement, which was adopted by Special Master Christian J. Moran on April 20, 2017. The case was settled as a Table claim. The stipulation awarded $190,000.00 as full compensation for all damages. The public text does not detail the specific mechanism of injury, expert testimony, or clinical findings. Petitioner was represented by Ramon Rodriguez, III, and respondent by Amy P. Kokot.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-00906-0
Date issued/filed: 2017-04-20
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 3/21/17) regarding 39 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (dh) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-00906-UNJ Document 43 Filed 04/20/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JAMES O. JONES, JR., *
* No. 15-906V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: March 21, 2017
*
SECRETARY OF HEALTH * Stipulation; hepatitis A vaccine;
AND HUMAN SERVICES, * hepatitis B vaccine; tetanus-
* diphtheria-acellular pertussis
Respondent. * (“Tdap”); transverse myelitis (“TM”).
* * * * * * * * * * * * * * * * * * * * *
Ramon Rodriguez, III, Rawls, McNelis and Mitchell, P.C., Richmond, VA, for
Petitioner;
Amy P. Kokot, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On March 17, 2017, the parties filed a joint stipulation concerning the
petition for compensation filed by James O. Jones, Jr. on August 20, 2015. In his
petition, petitioner alleged that the hepatitis A, hepatitis B, and tetanus-diphtheria-
acellular pertussis (“Tdap”) vaccines, which are contained in the Vaccine Injury
Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on or about April
9, 2013 and/or May 7, 2013, caused him to develop transverse myelitis (“TM”) or,
in the alternative, aggravated an underlying genetic, immunologic, neurologic,
psychiatric, or rheumatologic disorder, which caused him to develop TM.
Petitioner further alleges that he suffered the residual effects of this injury for more
than six months. Petitioner represents that there has been no prior award or
settlement of a civil action for damages on his behalf as a result of his condition.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.

Case 1:15-vv-00906-UNJ Document 43 Filed 04/20/17 Page 2 of 7
Respondent denies that the hepatitis A, hepatitis B, and Tdap vaccinations
on or about April 9, 2013, and/or the hepatitis B vaccine administered on or about
May 7, 2013, are the cause of petitioner’s alleged TM and/or his current condition.
Nevertheless, the parties agree to the joint stipulation, attached hereto. The
undersigned finds said stipulation reasonable and adopts it as the decision of the
Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum payment of $190,000.00 in the form of a check payable to
petitioner, James O. Jones, Jr. This amount represents compensation
for all damages that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 15-906V according to this decision
and the attached stipulation.2
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

Case 1:15-vv-00906-UNJ Document 43 Filed 04/20/17 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPEClAL MASTERS
)
JAMES 0. JONES, JR., )
)
Petitioner, )
) No. 15-906V (ECF)
v. ) Special Master Moran
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
I. James 0. Jones, Jr., petitioner, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine
Program"). The petition seeks compensation for iajuries allegedly related to petitioner's receipt
of the hepalitis A, hepatitis B, and tetanus-diphtheria-acellular pertussis ("Tdap") vaccines,
which vaccines are contained in tho Vaccine Ittjury Table (the ''Table"), 42 C.F.R. § lOOJ(a).
2. Petitioner received hepatitis A, hepatitis B, and Tdap vaccinations on or about April 9,
2013, and he received a second hcpntitis B vaccination on or about May 7, 2013.1
3. The vaccines were administered within the United States.
4. Petitioner alleges that the hepatitis A, hepatitis B, and Tdap vaccines caused him to
develop transverse myelitis ("TM"). In the alternative, petitioner alleges that the hepatitis A,
hepatitis B, and Tdap vaccines significantly aggravated an underlying genetic, immunologic,
Petitioner also took typhoid vaccine pills between May 6, 2013, and May 12, 2013, as
well as Malarone (for malaria prevention) on May 19, 2013, which are not covered under the
Program.

Case 1:15-vv-00906-UNJ Document 43 Filed 04/20/17 Page 4 of 7
neurologic, psychiatric, or rheumatologic disorder, which caused him to develop TM. Petitioner
further alleges that he experienced the residual effects of this injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of his condition. ·
6. Respondent denies that the hepatitis A, hepatitis B, and Tdap vaccines administered
on orabout April 9, 2013, and/or the hepatitis B vaccine, administered on or about May 7, 2013,
are the cause of petitioner's alleged TM and/or any other injmy or his current condition.
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 the
compensation descnoed in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with
the tenns of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of$190,000.00 in the form ofa check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-21(a)(1 ), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
10. Petitioner and his attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
2

Case 1:15-vv-00906-UNJ Document 43 Filed 04/20/17 Page 5 of 7
under 42 U.S.C. § 300aa-15(g), including State compensation programs, insurance policies,
Federal or State health benefits programs (other than Title XIX of the Social Security Act ( 42
U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis.
. . . .
11. Payment made pursuant to paragraph 8 of this Stipula1ion, and any amount awarded
pursuant to paragraph 9 of this Stipulation, will be made in accordance with 42 U.S.C. § 300aa-
l5(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the p~yments described in paragraphs 8 and 9, petitioner, in his
individual capacity, and on behalf of his heirs, executors, administrators, successors and/or
assigns, does forever irrevocably and unconditionally release, acquit and discharge the United
States and the Secretary of Health and Human Services from any and all actions or causes of
action (including agreements, judgments, claims, damages, loss of services, expenses and all
demands of whatever kind or nature) that have been brought, could have been brought, or could
be timely brought in the Court of Federal Claims, under the National Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out
of, any and all known or unknown, suspected or unsuspected personal injuries to or death of
petitioner resulting from, or alleged to have resulted from, the hepatitis A, hepatitis B, and Tdap
vaccinations administered on or about April "9, 2013, and/or the hepatitis B vaccination,
administered on or about May 7, 2013, as alleged by petitioner in a petition for vaccine
3

Case 1:15-vv-00906-UNJ Document 43 Filed 04/20/17 Page 6 of 7
compensation filed on or about August 20, 2015, in the United States Court of Federal Claims as
petition No. 15-906V.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
. . .
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to i~sue a decision in complete conformity with the terms
ofi bis Stipulation or if the Court of Federal Claims fails to enter judgment in confonnity with a
decision that is in complete confonnity with the tenns of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, except as otherwise
noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to
make any payment or to do any act or thing other than is herein expressly stated and clearly
agreed to. The parties further agree and understand that the award described in this Stipulation
may reflect a compromise of the parties' respective positions as to liability and/or amount of
damages, and further, that a change in the nature of the injwy or condition or in the items of
compensation sought, is not grounds to modify or rovise this agreement.
17. This Stipulation shaU not be construed as an admission by the United States or the
Secretary of Health and Hwnan Services that the hepatitis A, hepatitis B, and/or Tdap vaccines
caused petitioner's alleged TM, or any other iajury or his current condition.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:15-vv-00906-UNJ Document 43 Filed 04/20/17 Page 7 of 7
Respectfully submitted,
PETITIONER:
Laa<=.C
.
JJIBSO.JONES,,OC
1
/.--.~ j
ATTORNEY OF RECORD FOR
AUTHORIZED REPRF,SENTATIVE
PETITlONE ~. --- 0 'THE ATTORNEY GENERAL:
RAMO E.REBVES
Rawls, c tchell, P.C. Deputy Director
211 Rocketts Way, Suite 100 Torts Branch
Richmond, VA 23231 Civil Division
Tel: (804) 344-0038 U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
ATfORNEYOFRECORDFOR
RESPONDENT:
NARAY AN NAIR, M.D.
Director, Division of Injury Trial Attorney
Compensati.on l>rogi;runs Torts Branch
Healthcare Systems Burea\I Civil Division
U.S. Department of Health U.S. Deparbnentof Justice
and Human Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
Parklawn Building, Mail Stop 08Nl46B Washington, DC 20044-0146
Rockville, MD 20857 Tel: (202) 616-4118
q/t-:r/i._olt
Dated: ..
5