VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00262 Package ID: USCOURTS-cofc-1_16-vv-00262 Petitioner: Gregg Riley Filed: 2017-02-25 Decided: 2019-09-05 Vaccine: Tdap Vaccination date: 2013-08-23 Condition: chronic inflammatory demyelinating polyneuropathy (CIDP) Outcome: compensated Award amount USD: 106550 AI-assisted case summary: Gregg Riley filed a petition on February 25, 2017, alleging that the Tetanus-diphtheria-acellular pertussis (Tdap) vaccine he received on August 23, 2013, caused him to suffer chronic inflammatory demyelinating polyneuropathy (CIDP). The Tdap vaccine is listed on the Vaccine Injury Table. Mr. Riley further alleged that he experienced residual effects of CIDP for more than six months and that he had not received a prior award or settlement for his condition. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Mr. Riley's CIDP or any other injury. Despite the denial, the parties submitted a joint stipulation for compensation, which Special Master Christian J. Moran found reasonable and adopted as the decision of the Court. The stipulation awarded Mr. Riley a lump sum of $106,550.00, intended to cover first-year life care expenses ($6,550.00) and combined lost earnings, pain and suffering, and past unreimbursable expenses ($100,000.00). This amount was to be paid via check to the petitioner. Additionally, an amount sufficient to purchase an annuity contract, as described in the stipulation, was awarded and to be paid to the designated life insurance company. The decision directed the Clerk of Court to enter judgment according to the stipulation, unless a motion for review was filed. Petitioner's counsel was Amber D. Wilson of Maglio Christopher and Toale, PA, and respondent's counsel was Traci R. Patton of the United States Department of Justice. The decision was originally filed on July 30, 2019, and signed by Special Master Christian J. Moran. Theory of causation field: Petitioner Gregg Riley alleged that the Tdap vaccine administered on August 23, 2013, caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP), an injury listed on the Vaccine Injury Table. He claimed residual effects lasting over six months. The respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation awarded a lump sum of $106,550.00 for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses, plus an amount for an annuity. The public decision does not detail the specific medical experts, clinical findings, onset, symptoms, treatments, or the precise mechanism of causation relied upon for the stipulation, other than that the Tdap vaccine is on the Vaccine Injury Table and the condition is CIDP. The decision date was September 5, 2019, with the stipulation filed July 22, 2019. Attorneys involved were Amber D. Wilson for the petitioner and Traci R. Patton for the respondent. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00262-0 Date issued/filed: 2019-09-05 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 07/30/2019) regarding 82 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (hh) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-00262-UNJ Document 86 Filed 09/05/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * GREGG RILEY, * No. 16-262V * Special Master Christian J. Moran Petitioner, * * Filed: July 30, 2019 v. * * SECRETARY OF HEALTH * Stipulation; Tetanus-diphtheria- AND HUMAN SERVICES, * acellular (“Tdap”) vaccine; chronic * inflammatory demyelinating Respondent. * polyneuropathy (“CIDP”) * * * * * * * * * * * * * * * * * * * * * Amber D. Wilson, Maglio Christopher and Toale, PA, Washington, D.C., for Petitioner; Traci R. Patton, United States Dep’t of Justice, Washington, D.C., for Respondent. UNPUBLISHED DECISION1 On July 22, 2019, the parties filed a joint stipulation concerning the petition for compensation filed by Gregg Riley (“Petitioner”) on February 25, 2017. Petitioner alleged that the Tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine he received on August 23, 2013, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer chronic inflammatory demyelinating polyneuropathy (“CIDP”). Petitioner further alleges that he suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. 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 1:16-vv-00262-UNJ Document 86 Filed 09/05/19 Page 2 of 2 Respondent denies that the Tdap vaccine caused petitioner to suffer CIDP or any other injury. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. 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 include: a. A lump sum of $106,550.00, which amount represents compensation for first year life care expenses ($6,550.00) and combined lost earnings, pain and suffering, and past unreimbursable expenses ($100,000.00), in the form of a check payable to petitioner. b. An amount sufficient to purchase the annuity contract described in paragraph 10 of the joint stipulation, paid to the life insurance company from which the annuity will be purchased. In the absence of a motion for review filed pursuant to RCFC, Appendix B, the Clerk of Court is directed to enter judgment in case 17-444V according to this decision and the attached stipulation.2 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