VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01468 Package ID: USCOURTS-cofc-1_15-vv-01468 Petitioner: N.G. Filed: 2016-07-12 Decided: 2016-08-15 Vaccine: DTaP-IPV Vaccination date: 2014-08-19 Condition: angiomatoid fibrous histiocytoma Outcome: compensated Award amount USD: 80235 AI-assisted case summary: Kristal Grigg filed a petition on behalf of her minor child, N.G., alleging that N.G. developed angiomatoid fibrous histiocytoma as a result of the DTaP-IPV vaccine received on August 19, 2014. Petitioner further alleged that N.G. experienced residual effects of this injury for more than six months. Respondent denied that the vaccine caused the alleged injury or any other injury. However, both parties agreed to settle the case. The stipulation awarded Petitioner a lump sum of $80,235.00 for all damages. Special Master Brian H. Corcoran adopted the stipulation as his decision and awarded compensation. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01468-0 Date issued/filed: 2016-08-15 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 07/12/2016) Regarding 15 DECISION Proffer (Signed by Special Master Brian H. Corcoran). (ay) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01468-UNJ Document 19 Filed 08/15/16 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1468V * * * * * * * * * * * * * * * * * * * * * * * * * * * KRISTAL GRIGG, Natural Mother of and * Guardian for N.G., a minor, * * Petitioner, * Filed: July 12, 2016 * v. * * Decision by Stipulation; Damages; SECRETARY OF HEALTH * Diphtheria-Tetanus-acellular AND HUMAN SERVICES, * Pertussis-Inactive Polio Vaccine * (“DTaP-IPV”); Angiomatoid Respondent. * Fibrous Histiocytoma. * * * * * * * * * * * * * * * * * * * * * * * * * * * Carol L. Gallagher, Carol L. Gallagher, Esquire, LLC, Linwood, NJ, for Petitioner. Michael P. Milmoe, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On December 4, 2015, Kristal Grigg filed a petition on behalf of her minor child, N.G., seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that N.G. developed angiomatoid fibrous histiocytoma as a result of the Diphtheria-Tetanus-acellular Pertussis-Inactive Polio Vaccine (“DTaP-IPV”) received on August 19, 2014. Moreover, Petitioner alleges that N.G. experienced residual effects of this injury for more than six months. 1 Because this decision contains a reasoned explanation for my actions in this case, I will post it on the United States Court of Federal Claims website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole decision will be available to the public. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix). Case 1:15-vv-01468-UNJ Document 19 Filed 08/15/16 Page 2 of 8 Respondent denies that the DTaP-IPV vaccine caused N.G.’s alleged angiomatoid fibrous histiocytoma, or any other injury, and further denies that her current disabilities are sequelae of a vaccine-related injury. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on July 11, 2016) that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards:  A lump sum of $80,235.00 in the form of a check payable to Petitioner. Stipulation ¶ 8. This amount represents compensation for all damages that would be available under Section 15(a) of the Act. I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.3 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. 2 Case 1:15-vv-01468-UNJ Document 19 Filed 08/15/16 Page 3 of 8 Case 1:15-vv-01468-UNJ Document 19 Filed 08/15/16 Page 4 of 8 Case 1:15-vv-01468-UNJ Document 19 Filed 08/15/16 Page 5 of 8 Case 1:15-vv-01468-UNJ Document 19 Filed 08/15/16 Page 6 of 8 Case 1:15-vv-01468-UNJ Document 19 Filed 08/15/16 Page 7 of 8 Case 1:15-vv-01468-UNJ Document 19 Filed 08/15/16 Page 8 of 8