VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01247 Package ID: USCOURTS-cofc-1_15-vv-01247 Petitioner: G.R.C. Filed: 2015-10-26 Decided: 2017-04-13 Vaccine: DTaP Vaccination date: 2014-08-05 Condition: chronic inflammatory demyelinating polyneuropathy (CIDP) Outcome: compensated Award amount USD: 56000 AI-assisted case summary: Heather Lavayen filed a petition on October 26, 2015, on behalf of her minor daughter, G.R.C. The petition alleged that the diphtheria-tetanus-acellular pertussis (DTaP) and meningococcal (MCV) vaccines, administered on August 5, 2014, caused G.R.C. to develop chronic inflammatory demyelinating polyneuropathy (CIDP), with residual effects lasting more than six months. The respondent denied that the vaccines caused the alleged condition. Despite the denial, the parties filed a joint stipulation for compensation. Special Master Christian J. Moran found the stipulation reasonable and adopted it as the decision of the Court. The award included a lump sum of $6,000.00 for past unreimbursable expenses, payable to Heather Lavayen. An additional lump sum of $50,000.00 was awarded, payable to Heather Lavayen as guardian/conservator of G.R.C.'s estate. The decision also included an amount sufficient to purchase an annuity contract, as described in the stipulation. The public decision does not describe the specific onset of symptoms, clinical details of G.R.C.'s condition, any diagnostic tests performed, or treatments received. No specific medical experts were named in the public decision. The case was compensated based on the joint stipulation. Theory of causation field: Petitioner alleged that the DTaP and MCV vaccines administered on August 5, 2014, caused G.R.C. to develop chronic inflammatory demyelinating polyneuropathy (CIDP), which is listed on the Vaccine Injury Table. Petitioner further alleged residual effects for more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which Special Master Christian J. Moran adopted as the decision of the Court. The award included $6,000.00 for past unreimbursable expenses to Heather Lavayen, $50,000.00 to G.R.C.'s estate, and an amount to purchase an annuity. The public decision does not detail the specific mechanism of injury, clinical presentation, diagnostic findings, or treatments. No specific medical experts were named in the public decision. The decision was issued on April 13, 2017, based on a stipulation filed March 9, 2017. Petitioner's counsel was Dianna L. Stadelnikas, and respondent's counsel was Ann D. Martin. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01247-0 Date issued/filed: 2017-04-13 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 3/9/17) regarding 45 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (dh) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01247-UNJ Document 48 Filed 04/13/17 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * HEATHER LAVAYEN, on behalf of * G.R.C., a minor * No. 15-1247V Petitioner, * Special Master Christian J. Moran * v. * Filed: March 9, 2017 * SECRETARY OF HEALTH * Stipulation; diphtheria-tetanus- AND HUMAN SERVICES, * acellular pertussis (“DTaP”) vaccine; * meningococcal (“MCV”) vaccine; * chronic inflammatory demyelinating * polyneuropathy (“CIDP”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * Dianna L. Stadelnikas, Maglio Christopher and Toale, Sarasota, FL, for Petitioner; Ann D. Martin, U.S. Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On March 9, 2017, the parties filed a joint stipulation concerning the petition for compensation filed by Heather Lavayen on behalf of her daughter, G.R.C., on October 26, 2015. In her petition, petitioner alleged that the diphtheria-tetanus- acellular pertussis (“DTaP”) and/or meningococcal (“MCV”) vaccines, which are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which G.R.C. received on August 5, 2014, caused G.R.C. to suffer chronic inflammatory demyelinating polyneuropathy (“CIDP”). Petitioner further alleges that G.R.C. suffered the residual effects of this condition for more than six months. 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-01247-UNJ Document 48 Filed 04/13/17 Page 2 of 9 Petitioner represents that there has been no prior award or settlement of a civil action for damages on behalf of G.R.C. as a result of her condition. Respondent denies that the vaccine(s) caused G.R.C. to suffer CIDP or any other injury or her 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, which represent all damages that would be available under 42 U.S.C. § 300aa-15(a), include: a. A lump sum of $6,000.00, which amount represents compensation for past unreimbursable expenses, in the form of a check payable to petitioner, Heather Lavayen; b. A lump sum of $50,000.00 in the form of a check payable to petitioner as guardian/conservator of G.R.C.’s estate; and c. An amount sufficient to purchase the annuity contract described in paragraph 10 of the attached stipulation. In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 15-1247V according to this decision and the attached stipulation.2 Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357- 6360. 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-01247-UNJ Document 48 Filed 04/13/17 Page 3 of 9 Case 1:15-vv-01247-UNJ Document 48 Filed 04/13/17 Page 4 of 9 Case 1:15-vv-01247-UNJ Document 48 Filed 04/13/17 Page 5 of 9 Case 1:15-vv-01247-UNJ Document 48 Filed 04/13/17 Page 6 of 9 Case 1:15-vv-01247-UNJ Document 48 Filed 04/13/17 Page 7 of 9 Case 1:15-vv-01247-UNJ Document 48 Filed 04/13/17 Page 8 of 9 Case 1:15-vv-01247-UNJ Document 48 Filed 04/13/17 Page 9 of 9