VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00354
Package ID: USCOURTS-cofc-1_16-vv-00354
Petitioner: Dufhane Hyde, Jr.
Filed: 2016-08-16
Decided: 2017-03-06
Vaccine: DTaP
Vaccination date: 2014-03-20
Condition: encephalopathy
Outcome: compensated
Award amount USD: 360000

AI-assisted case summary:
Dufhane Hyde, Sr., as the parent and legal representative of the estate of his deceased son, Dufhane Hyde, Jr., filed a petition for compensation under the National Vaccine Injury Compensation Program on March 18, 2016. The petition alleged that Dufhane Hyde, Jr. received diphtheria, tetanus, acellular pertussis (DTaP), inactivated polio (IPV), and haemophilus influenza type b (HiB) vaccines on March 20, 2014. The petition further alleged that these vaccinations resulted in a Table injury of encephalopathy, leading to Dufhane Hyde, Jr.'s death on March 21, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on August 16, 2016, conceding that Dufhane Hyde, Jr. suffered a Table injury of encephalopathy within 72 hours of the DTaP vaccine administration. The respondent also conceded that there was not a preponderance of evidence that the encephalopathy or death was due to factors unrelated to the DTaP vaccine, satisfying the statutory severity requirement due to the death. Special Master Thomas L. Gowen issued a ruling on entitlement on September 15, 2016, finding the petitioner entitled to compensation based on a Vaccine Table injury of encephalopathy. Subsequently, on February 8, 2017, the parties filed a joint stipulation on damages. In this stipulation, they agreed that Dufhane Hyde, Jr. sustained the first symptom or manifestation of the onset of an encephalopathy within the time period set forth in the Vaccine Injury Table for the DTaP vaccine and that there was not a preponderance of evidence that his encephalopathy or death was due to unrelated factors. The parties stipulated that the petitioner would receive a lump sum of $360,000.00, payable to Dufhane Hyde, Sr. as the legal representative of the estate of Dufhane Hyde, Jr., as compensation for all damages. Special Master Gowen adopted the stipulation as the decision of the court on March 6, 2017, and judgment was entered accordingly. Petitioner was represented by Andrew P. Garza of the Law Offices of Andrew P. Garza, L.L.C., and respondent was represented by Voris E. Johnson of the United States Department of Justice.

Theory of causation field:
Petitioner alleged that Dufhane Hyde, Jr. suffered a Table injury of encephalopathy resulting in death following administration of DTaP, IPV, and HiB vaccines on March 20, 2014. Respondent conceded that Dufhane Jr. suffered a Table injury of encephalopathy within 72 hours of DTaP vaccine administration and that there was not a preponderance of evidence that the encephalopathy or death was due to unrelated factors. The parties stipulated to entitlement based on the Vaccine Injury Table for encephalopathy. The Special Master adopted the stipulation. Compensation was awarded as a lump sum of $360,000.00. Petitioner counsel: Andrew P. Garza. Respondent counsel: Voris E. Johnson. Special Master: Thomas L. Gowen. Decision date: March 6, 2017.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00354-0
Date issued/filed: 2016-09-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/16/2016) regarding 17 Ruling on Entitlement ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:16-vv-00354-UNJ Document 19 Filed 09/15/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-354V
Filed: August 16, 2016
* * * * * * * * * * * * * * * * * * * * * * * * *
DUFHANE HYDE, Sr., as parent and legal *
representative of the estate of his son, * Special Master Gowen
DUFHANE HYDE, Jr., deceased *
*
Petitioner, *
* Table Encephalopathy;
v. * Diphtheria Tetanus acellular
* Pertussis; Inactive Polio;
SECRETARY OF HEALTH * Haemophilus Influenza Type B;
AND HUMAN SERVICES, * Death.
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
RULING ON ENTITLEMENT1
Gowen, Special Master:
On March 18, 2016, Dufhane Hyde Sr., parent and legal representative of the Estate of
Dufhane Hyde, Jr. (“petitioner”), filed a petition for compensation under the National Vaccine
Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act” or “Program”).
The petition alleges that the minor child suffered a Table injury, namely a seizure disorder and
encephalopathy resulting in death, as a result of the administration of diphtheria tetanus acellular-
pertussis (“Dtap”), inactive polio (“IPV”), and haemophilus influenza type b (“HiB”) vaccines on
March 20, 2014. Petition at Preamble.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat.
2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2012)). As provided by Vaccine Rule
18(b), each party has 14 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).
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-1 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.

Case 1:16-vv-00354-UNJ Document 19 Filed 09/15/16 Page 2 of 2
On August 16, 2016, respondent filed her Rule 4(c) Report (“Respondent’s Report”) in
which she concedes that petitioner is entitled to compensation in this case. Respondent’s Report
at 1. Specifically, respondent submits that based on her review of the petition and supporting
documentation, she “concludes that Dufhane Jr. suffered a Table injury of encephalopathy within
72 hours of DTaP vaccine administration, and that there is not a preponderance of evidence that
his encephalopathy was due to factors unrelated to the DtaP vaccine.” Id. at 3-4; see 42 U.S.C.
§300aa-13(a)(1)(B). She adds that, “[i]n light of Dufhane Jr.’s death on March 31, 2014, the
statutory severity requirement has been satisfied. Respondent’s Report at 4; see §300aa-
11(c)(D)(ii).
In view of respondent’s concession, and the evidence before me, I find petitioner is entitled
to compensation based on a Vaccine Table injury of encephalopathy. See 42 C.F.R. § 100.3(a),
(b)(2). A separate damages order will issue.
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00354-1
Date issued/filed: 2017-03-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/08/2017) regarding 28 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:16-vv-00354-UNJ Document 32 Filed 03/06/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-354V
Filed: February 8, 2017
* * * * * * * * * * * * * UNPUBLISHED
DUFHANE HYDE, Sr. as parent and legal *
representative of the estate of his son *
DUFHANE HYDE, Jr. deceased, *
*
Petitioner, * Special Master Gowen
*
v. * Joint Stipulation on Damages;
* Diphtheria, Tetanus, Acellular
SECRETARY OF HEALTH * Pertussis (“DTaP”);
AND HUMAN SERVICES, * Haemophilus Influenzae
* Type B (“Hib”); Inactivated Polio
Respondent. * (“IPV”); Encephalopathy; Death
*
* * * * * * * * * * * * *
Andrew P. Garza, Law Offices of Andrew P. Garza, L.L.C., Glastonbury, CT, for petitioner.
Voris E. Johnson, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On March 18, 2016, Dufhane Hyde, Sr. (“petitioner”) filed a petition on behalf of his
deceased son, Dufhane Hyde, Jr., pursuant to the National Vaccine Injury Compensation
Program.2 42 U.S.C. §§ 300aa-10 to 34 (2012). Petitioner alleged that as a result of receiving
diphtheria, tetanus, acellular pertussis (“DTaP”), haemophilus influenzae type B (“Hib”), and
inactivated polio (“IPV”) vaccines on March 20, 2014, Dufhane Hyde, Jr., suffered a Table
encephalopathy and died on March 21, 2014, as a result of his vaccine-related injury. Petition at
1-2.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the
undersigned intends to post this ruling on the website of the United States Court of Federal Claims, in
accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services). As provided by Vaccine Rule 18(b), each party has 14
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).
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-1 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-00354-UNJ Document 32 Filed 03/06/17 Page 2 of 7
On February 8, 2017, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. The stipulation acknowledges that Dufhane, Jr.
sustained the first symptom or manifestation of the onset of an encephalopathy within the time
period set forth in the Vaccine Injury Table for the DTaP vaccine, and states that “[t]here is not a
preponderance of evidence that Dufhane, Jr.’s encephalopathy or death was due to factors
unrelated to the DTaP vaccine . . . [a]ccordingly petitioner is entitled to compensation under the
terms of the Vaccine Program.” Stipulation at ¶¶ 6-7. 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 in compensation:
a. A lump sum of $360,000.00 in the form of a check payable to petitioner as legal
representative of the estate of Dufhane Hyde, Jr. 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, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms
of the parties’ stipulation.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
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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