VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00116
Package ID: USCOURTS-cofc-1_16-vv-00116
Petitioner: D.A.
Filed: 2018-07-09
Decided: 2018-09-19
Vaccine: Varicella
Vaccination date: 2014-07-11
Condition: febrile seizures that led to positioned asphyxia and death
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
On January 27, 2016, Sarah and Kristopher Ammons filed a petition on behalf of their deceased minor child, D.A., seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that D.A. suffered from febrile seizures that led to positioned asphyxia and death as a result of childhood vaccinations received on July 11, 2014. The vaccinations included Varicella, Tetanus-diphtheria-pertussis (TDaP), and Measles-mumps-rubella (MMR). The respondent denied that the vaccinations caused D.A.'s seizures or death. Despite maintaining their positions, both parties agreed to settle the case through a stipulation filed on July 9, 2018. Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision. The stipulation awarded Petitioners a lump sum of $60,000.00 as compensation for all damages. The decision was entered on September 19, 2018. The public decision does not describe the onset of symptoms, specific clinical details of the seizures or asphyxia, any medical tests performed, or treatments administered. The specific mechanism of causation was not detailed in the public decision. Petitioner counsel was Jeffrey S. Pop, and respondent counsel was Ryan Daniel Pyles.

Theory of causation field:
Petitioners alleged that D.A. suffered from febrile seizures that led to positioned asphyxia and death as a result of childhood vaccinations received on July 11, 2014, including Varicella, Tetanus-diphtheria-pertussis (TDaP), and Measles-mumps-rubella (MMR). Respondent denied causation. The parties settled the case via stipulation, which was adopted by Special Master Brian H. Corcoran on September 19, 2018. The stipulation awarded Petitioners $60,000.00 for all damages. The public decision does not specify the theory of causation, any medical experts, or the mechanism by which the vaccines allegedly caused the injury. Petitioner counsel was Jeffrey S. Pop, and respondent counsel was Ryan Daniel Pyles.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00116-0
Date issued/filed: 2018-09-19
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 7/9/2018) Regarding 47 DECISION Stipulation (Signed by Special Master Brian H. Corcoran). (cr) Service on parties made.
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Case 1:16-vv-00116-UNJ Document 53 Filed 09/19/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-116V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
SARAH AMMONS, as mother and *
natural guardian of minor, D.A., and *
KRISTOPHER AMMONS, as father and *
natural guardian of minor, D.A., * Special Master Corcoran
*
Petitioners, * Filed: July 9, 2018
*
v. *
* Decision by Stipulation; Damages;
SECRETARY OF HEALTH * Varicella Vaccine; Tetanus-
AND HUMAN SERVICES, * diphtheria-pertussis (“TDaP”) Vaccine;
* Measles-mumps-rubella (“MMR”) Vaccine.
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Ryan Daniel Pyles, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 27, 2016, Sarah and Kristopher Ammons filed a petition on behalf of D.A.,
their deceased minor child, seeking compensation under the National Vaccine Injury
Compensation Program (“Vaccine Program”).2 Petitioners allege that D.A. suffered from febrile
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the
Court of Federal Claims’s website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This
means the Decision will be available to anyone with access to the internet. 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 in its present form will be
available. 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”).

Case 1:16-vv-00116-UNJ Document 53 Filed 09/19/18 Page 2 of 7
seizures that led to positioned asphyxia and death, as a result of his July 11, 2014 childhood
vaccinations (including Varicella, Tetanus-diphtheria-pertussis, and Measles-mumps-rubella).
Respondent denies that the vaccinations listed above caused D.A.’s seizures or his death.
Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation
(filed on July 9, 2018) that the issues before them could be settled, and that a decision should be
entered awarding Petitioners 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 $60,000.00, in the form of a check payable to Petitioners.
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
Petitioners. 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

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