VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00122
Package ID: USCOURTS-cofc-1_16-vv-00122
Petitioner: Pamela O’Neal
Filed: 2016-01-22
Decided: 2022-10-21
Vaccine: Hepatitis B
Vaccination date: 2013-03-11
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 93000

AI-assisted case summary:
Pamela O’Neal filed a petition on January 22, 2016, alleging that she suffered from transverse myelitis (TM) as a result of a Hepatitis B vaccine she received on March 11, 2013. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Petitioner's alleged TM or its residual effects, and denied that the vaccine caused Petitioner any other injury or her current condition. Despite these denials, the parties reached a stipulation recommending an award of compensation. Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation provided for a lump sum payment of $93,000.00, payable to Petitioner, to compensate for all damages available under the National Vaccine Injury Compensation Program. Petitioner was represented by John F. McHugh of the Law Office of John McHugh, and Respondent was represented by Sarah Christina Duncan of the U.S. Department of Justice. Judgment was to be entered in accordance with the terms of the stipulation.

Theory of causation field:
Petitioner Pamela O'Neal alleged that a Hepatitis B vaccine administered on March 11, 2013, caused her transverse myelitis (TM). The Respondent denied causation-in-fact. The case proceeded as an off-Table claim, requiring Petitioner to prove causation. The parties reached a stipulation for compensation, which was adopted by Special Master Nora Beth Dorsey. The stipulation awarded Petitioner a lump sum of $93,000.00. The public decision does not describe the specific medical experts, clinical details of the alleged injury, onset, symptoms, diagnostic tests, treatments, or the precise mechanism of causation. Petitioner was represented by John F. McHugh, and Respondent by Sarah Christina Duncan. The decision date was October 21, 2022.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00122-2
Date issued/filed: 2022-10-21
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 9/26/2022) regarding 164 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made.
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Case 1:16-vv-00122-UNJ Document 165 Filed 10/21/22 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: September 26, 2022
* * * * * * * * * * * * * * * * * * *
PAMELA O’NEAL, * UNPUBLISHED
*
Petitioner, * No. 16-122V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation; Hepatitis B
AND HUMAN SERVICES, * Vaccine; Transverse Myelitis (“TM”).
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * *
John F. McHugh, Law Office of John McHugh, New York, NY, for Petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION BASED ON STIPULATION1
On January 22, 2016, Pamela O’Neal (“Petitioner”) filed a petition in the National
Vaccine Injury Program2 alleging that she suffered from transverse myelitis (“TM”) as a result of
the Hepatitis B vaccine she received on March 11, 2013. Petition at Preamble (ECF No. 1).
On September 23, 2022, the parties filed a stipulation recommending an award of
compensation to Petitioner. Stipulation (ECF No. 163). Respondent denies that Petitioner’s
alleged TM or its residual effects were caused-in-fact by the hepatitis B vaccine; and denies that
the hepatitis B vaccine caused Petitioner any other injury or Petitioner’s current condition..
1 Because this Decision contains a reasoned explanation for the action in this case, the
undersigned is required to 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 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, upon review, the undersigned
agrees that the identified material fits within this definition, the undersigned will redact such
material from public access.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-10 to -34 (2012) (“Vaccine Act” or “the Act”). All citations in this Decision
to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:16-vv-00122-UNJ Document 165 Filed 10/21/22 Page 2 of 8
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:
(1) A lump sum of $93,000.00 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). Stipulation 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
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Nora B. Dorsey
Nora B. Dorsey
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

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