VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01323 Package ID: USCOURTS-cofc-1_15-vv-01323 Petitioner: Dana Riddle Filed: 2015-11-04 Decided: 2017-07-07 Vaccine: Tdap Vaccination date: 2014-12-23 Condition: myalgia, arthralgia, and/or other injuries Outcome: compensated Award amount USD: 75000 AI-assisted case summary: Dana Riddle filed a petition for compensation on November 4, 2015, alleging that a Tetanus-Diphtheria-acellular-Pertussis (Tdap) vaccine administered on December 23, 2014, caused her to suffer from myalgia, arthralgia, and/or other injuries. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Petitioner's alleged injuries or that her current disabilities resulted from a vaccine-related injury. Despite these denials, the parties filed a joint stipulation for damages on May 18, 2017. The stipulation stated that Dana Riddle should receive $75,000.00 as compensation for all damages available under 42 U.S.C. § 300aa-15(a). Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court. Judgment was entered in accordance with the stipulation, awarding Dana Riddle $75,000.00. Petitioner was represented by Michael G. McLaren of Black McLaren, et al., PC, and Respondent was represented by Claudia B. Gangi of the United States Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert testimony. Theory of causation field: Petitioner Dana Riddle alleged that a Tdap vaccine administered on December 23, 2014, caused myalgia, arthralgia, and/or other injuries. The respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award of $75,000.00 for all damages. Special Master Herbrina Sanders approved the stipulation, finding it reasonable. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The award was a lump sum of $75,000.00 payable to the petitioner. Attorneys for the petitioner were Michael G. McLaren, et al., PC, and for the respondent was Claudia B. Gangi. The decision date was July 7, 2017. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01323-0 Date issued/filed: 2017-07-07 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 5/18/2017) regarding 37 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (jk) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01323-UNJ Document 41 Filed 07/07/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1323V Filed: May 18, 2017 ************************************ Special Master Sanders DANA RIDDLE, * * Joint Stipulation on Damages; Tetanus- Petitioner, * Diphtheria-acellular-Pertussis (“Tdap”) * Vaccine; Myalgia; Arthralgia. v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************ Michael G. McLaren, Black McLaren, et al., PC, Memphis, TN, for Petitioner. Claudia B. Gangi, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On November 4, 2015, Dana Riddle (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner alleged that as a result of a Tetanus-Diphtheria-acellular-Pertussis (“Tdap”) vaccine administered on December 23, 2014, she suffered from myalgia, arthralgia, and/or other injuries. See Stipulation for Award at ¶¶ 1-4, filed May 18, 2017. 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. 1 Case 1:15-vv-01323-UNJ Document 41 Filed 07/07/17 Page 2 of 7 On May 18, 2017, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. ECF No. 36. Respondent denies that the Tdap vaccine caused Petitioner’s myalgia, arthralgia, and/or other injuries, and denies that Petitioner’s current disabilities are the result of a vaccine-related 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 Petitioner shall receive the following compensation: A lump sum of $75,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. at ¶ 8. The undersigned approves the requested amount for Petitioner’s 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 Case 1:15-vv-01323-UNJ Document 41 Filed 07/07/17 Page 3 of 7 Case 1:15-vv-01323-UNJ Document 41 Filed 07/07/17 Page 4 of 7 Case 1:15-vv-01323-UNJ Document 41 Filed 07/07/17 Page 5 of 7 Case 1:15-vv-01323-UNJ Document 41 Filed 07/07/17 Page 6 of 7 Case 1:15-vv-01323-UNJ Document 41 Filed 07/07/17 Page 7 of 7