VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01166
Package ID: USCOURTS-cofc-1_15-vv-01166
Petitioner: T.E.Z.
Filed: 2015-10-09
Decided: 2021-09-27
Vaccine: DTaP
Vaccination date: 2012-10-12
Condition: gastroparesis
Outcome: compensated
Award amount USD: 413107.15

AI-assisted case summary:
Richard C. Zug and Laura C. Zug, on behalf of their child T.E.Z., filed a petition for compensation under the National Vaccine Injury Compensation Program on October 9, 2015. They alleged that T.E.Z. suffered from gastroparesis as a result of a diphtheria tetanus acellular pertussis (DTaP) vaccination received on October 12, 2012. The petitioners claimed that T.E.Z. experienced residual effects of the alleged injury for longer than six months and had not received prior compensation for this vaccine-related injury. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused T.E.Z.'s gastroparesis or any other condition. Despite the respondent's denial, the parties filed a joint stipulation for damages on August 31, 2021, agreeing that compensation should be awarded. Special Master Daniel T. Horner found the stipulation reasonable and adopted it as the court's decision. The award included a lump sum of $270,045.99, payable to petitioners as guardian(s)/conservator(s) of T.E.Z.'s estate, representing compensation for first-year life care expenses ($75,045.99) and pain and suffering ($195,000.00). Petitioners Richard C. Zug and Laura C. Zug were awarded a lump sum of $37,883.20 for past unreimbursable expenses. Additionally, a lump sum of $105,177.96 was designated for reimbursement of a Medicaid lien, payable jointly to petitioners and the North Carolina Division of Health Benefits. The award also included an amount sufficient to purchase an annuity contract for future needs, paid to the life insurance company from which the annuity will be purchased. These amounts represent compensation for all damages available under the Vaccine Act. Petitioner counsel was John Alan Jones of Matrin & Jones, PLLC, and respondent counsel was Camille Collett of the U.S. Department of Justice.

Theory of causation field:
Petitioners alleged that T.E.Z. suffered from gastroparesis as a result of his October 12, 2012 DTaP vaccination. Respondent denied that the vaccine caused T.E.Z.'s condition. The parties filed a joint stipulation for damages, agreeing to an award. The Special Master adopted the stipulation. The public decision does not describe the specific theory of causation, medical experts, or the mechanism of injury. The award included compensation for first-year life care expenses, pain and suffering, past unreimbursable expenses, reimbursement of a Medicaid lien, and an amount for a future needs annuity. Special Master Daniel T. Horner issued the decision on September 27, 2021. Petitioner counsel was John Alan Jones, and respondent counsel was Camille Collett.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01166-0
Date issued/filed: 2021-09-27
Pages: 11
Docket text: PUBLIC DECISION (Originally filed: 8/31/2021) regarding 81 DECISION Stipulation/Proffer Signed by Special Master Daniel T. Horner. (mly) Service on parties made.
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Case 1:15-vv-01166-UNJ Document 85 Filed 09/27/21 Page 1 of 11
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1166V
Filed: August 31, 2021
UNPUBLISHED
RICHARD C. ZUG and LAURA C.
ZUG, on behalf of T.E.Z.
Joint Stipulation on Damages;
Petitioners,
Diphtheria Tetanus Acellular
v.
Pertussis (“DTaP”); Gastroparesis
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
John Alan Jones, Matrin & Jones, PLLC, Raleigh, NC, for petitioner.
Camille Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On October 9, 2015, petitioners filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the
“Vaccine Act”). Petitioners allege that T.E.Z. suffered from gastroparesis as a result of
his October 12, 2012 diphtheria tetanus acellular pertussis (“DTaP”) vaccination.
Petition at 1; Stipulation, filed August 31, 2021, at ¶ 4. Petitioners further allege that
T.E.Z. has experienced residual effects of his alleged injury for longer than six months
and that they have never received compensation in the form of an award or settlement
of a civil action for damages for his vaccine-related injury. Petition at 4; Stipulation at ¶¶
4-5. “Respondent denies that the vaccine caused T.E.Z. to suffer from gastroparesis or
any other injury or his current condition.” Stipulation at ¶ 6.
Nevertheless, on August 31, 2021, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will
be posted on the United States Court of Federal Claims’ website in accordance with the E-Government
Act of 2002. See 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic
Government Services). This means the decision will be available to anyone with access to the
Internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact
medical or other information the disclosure of which would constitute an unwarranted invasion of privacy.
If the special master, upon review, agrees that the identified material fits within this definition, it will be
redacted 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).

Case 1:15-vv-01166-UNJ Document 85 Filed 09/27/21 Page 2 of 11
reasonable and adopt it as the decision of the Court in awarding damages, on the terms
set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
• A lump sum of $270, 045.99 in the form of a check payable to petitioners
as guardian(s)/conservator(s) of the estate of T.E.Z. for the benefit of
T.E.Z. Stipulation at ¶ 8. This amount represents compensation for first
year life care expenses ($75,045.99) and pain and suffering
($195,000.00). Id. No payments shall be made until petitioners provide
respondent with documentation establishing that they have been
appointed as guardian(s)/conservator(s) of T.E.Z.’s estate. Id.
• A lump sum of $37, 883.20, which amount represents compensation for
past unreimbursable expenses, in the form of a check payable to
petitioners, Richard C. Zug and Laura C. Zug. Id.
• A lump sum of $105, 177.96, which amount represents reimbursement of
a Medicaid lien for services rendered on behalf of T.E.Z., in for the form of
a check payable jointly to petitioners and the North Carolina Division of
Health Benefits, and mailed to:
Office of the Controller
2022 Mail Service Center
Raleigh, NC 27699-2022
Case Number: 25816
Petitioners agree to endorse this check to the North Carolina Division of
Health Benefits. Id.
• 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. Id.
These amounts represent 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 of the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Daniel T. Horner
Daniel T. Horner
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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