VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00488
Package ID: USCOURTS-cofc-1_16-vv-00488
Petitioner: Leslie Lewis
Filed: 2016-04-19
Decided: 2018-10-10
Vaccine: Tdap
Vaccination date: 2014-09-09
Condition: encephalitis
Outcome: compensated
Award amount USD: 262060

AI-assisted case summary:
Leslie Lewis filed a petition for compensation under the National Vaccine Injury Compensation Program on April 19, 2016, alleging injuries resulting from a Tetanus Diphtheria acellular Pertussis (Tdap) vaccination received on September 9, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 23, 2018, conceding that Ms. Lewis was entitled to compensation for encephalitis, a condition listed in the Vaccine Injury Table. The respondent determined that Ms. Lewis met the requirements for compensation because her encephalitis manifested within 72 hours of the vaccination and there was no evidence that the condition was due to an unrelated factor. The respondent also agreed that the encephalitis persisted for more than six months and that Ms. Lewis satisfied all legal prerequisites for compensation. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 24, 2018, finding Ms. Lewis entitled to compensation. Subsequently, on October 10, 2018, Chief Special Master Dorsey issued a decision awarding damages based on a stipulation and proffer. The parties agreed to a total award of $262,060.00. This amount included $185,000.00 for pain and suffering, $8,059.00 for past unreimbursable expenses, and $69,001.00 for life care expenses for the first year. The award also included an amount sufficient to purchase an annuity for future life care expenses, with specific growth rates applied to different categories of care. The public decision does not describe the specific onset symptoms, diagnostic tests, or treatments for Ms. Lewis's condition. Ms. Lewis was determined to be a legally competent adult, and therefore, no guardianship was required. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Adriana Ruth Teitel of the U.S. Department of Justice.

Theory of causation field:
Petitioner Leslie Lewis, age 58.5, received a Tdap vaccination on September 9, 2014. She alleged injury resulting in encephalitis. The respondent conceded entitlement to compensation, agreeing that encephalitis is a "Table Injury." The respondent's concession was based on the finding that petitioner's encephalitis manifested within 72 hours of vaccination and that there was no evidence of an unrelated factor causing the condition. The condition persisted for more than six months. The parties stipulated to an award of $262,060.00, comprising $185,000.00 for pain and suffering, $8,059.00 for past unreimbursable expenses, and $69,001.00 for first-year life care expenses, plus an annuity for future life care expenses. The decision was issued by Chief Special Master Nora Beth Dorsey on October 10, 2018, following a ruling on entitlement on April 24, 2018. Petitioner was represented by Maximillian J. Muller, and respondent by Adriana Ruth Teitel. The public text does not detail the specific mechanism of injury or name any medical experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00488-0
Date issued/filed: 2018-08-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/24/2018) regarding 53 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:16-vv-00488-UNJ Document 63 Filed 08/22/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-488V
Filed: April 24, 2018
UNPUBLISHED
LESLIE LEWIS,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Tetanus Diphtheria
acellular Pertussis (Tdap) Vaccine;
SECRETARY OF HEALTH AND Encephalitis
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On April 19, 2016, 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”). Petitioner alleges that she suffered injuries resulting from adverse effects of a
tetanus, diphtheria, and pertussis (“Tdap”) vaccination received on September 9, 2014.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On April 23, 2018, respondent filed his Rule 4(c) report in which he concedes
that petitioner is entitled to compensation in this case for the table injury of encephalitis.
Respondent’s Rule 4(c) Report at 1. Specifically, respondent “has determined that
petitioner has met the requirements for compensation under the Act. The medical
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends 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). 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 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:16-vv-00488-UNJ Document 63 Filed 08/22/18 Page 2 of 2
evidence demonstrates that petitioner is entitled to a presumption of causation, as her
encephalitis first manifested within 72 hours of receipt of her Tdap vaccination and there
is not a preponderance of the evidence that her condition is due to a factor unrelated to
her vaccination.” Id. at 3. Respondent further agrees that petitioner’s encephalitis
persisted for more than six months and that petitioner has satisfied all legal
prerequisites for compensation under the Vaccine Act. Id.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00488-2
Date issued/filed: 2018-10-10
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 04/24/2018) regarding 54 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:16-vv-00488-UNJ Document 65 Filed 10/10/18 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-488V
Filed: April 24, 2018
UNPUBLISHED
LESLIE LEWIS,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Tetanus Diphtheria acellular
v.
Pertussis (Tdap) Vaccine;
Encephalitis
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On April 19, 2016, 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”). Petitioner alleges that she suffered injuries resulting from adverse effects of a
tetanus, diphtheria, and pertussis (“Tdap”) vaccination, received on September 9, 2014.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On April 24, 2018, a ruling on entitlement was issued, finding petitioner entitled to
compensation for encephalitis. On April 23, 2018, respondent filed a proffer on award
of compensation (“Proffer”)3 indicating petitioner should be awarded all items of
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends 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). 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 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).
3 Respondent filed his Rule 4(c) Report recommending that compensation be awarded and his Proffer on
Award of Compensation as a single document. (See ECF No. 52.) Only that part of the document

Case 1:16-vv-00488-UNJ Document 65 Filed 10/10/18 Page 2 of 8
compensation listed in an attached summary of a life care plan, $185,000.00 for actual
and projected pain, suffering, and emotional distress, which amount reflects a reduction
to net present value, and $8,059.00 for past unreimbursable expenses. Proffer at 4-5.
In the Proffer, respondent represented that petitioner agrees with the proffered award.
Based on the record as a whole, the undersigned finds that petitioner is entitled to an
award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards:
• A lump sum payment of $262,060.00, representing compensation for pain
and suffering ($185,000.00), past unreimbursable expenses ($8,059.00), and
life care expenses for Year One ($69,001.00), in the form of a check payable
to petitioner, Leslie Lewis; and
• An amount sufficient to purchase the annuity contract described in section
II(B) of the proffer.
These amounts represent compensation for all damages that would be available
under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
identified as the Proffer on Award of Compensation, as well as the accompanying summary of life care
items, is attached hereto.
4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:16-vv-00488-UNJ Document 65 Filed 10/10/18 Page 3 of 8
PROFFER ON AWARD OF COMPENSATION
Respondent submits the following recommendations regarding items of compensation to
be awarded under the Vaccine Act.
I. Items of Compensation
A. Life Care Items
The parties engaged life care planners Roberta Hurley, Hurley Consulting, and Linda
Curtis, RN, MS CCM, CNLCP, to provide an estimation of petitioner’s future vaccine-injury
related needs. Based on the planners’ evaluations, the parties’ have come to a joint consensus
regarding appropriate items of care. All items of compensation identified by the parties’ life care
plan are supported by the evidence, and are illustrated by the chart entitled Summary of Life
Care Items, attached hereto as Tab A. Respondent proffers that petitioner should be awarded all
items of compensation set forth in the life care plan and illustrated by the chart attached at Tab
A. Petitioner agrees.
B. Lost Future Earnings
The parties agree that based upon the evidence of record, petitioner was not gainfully
employed at the time of her vaccine injury. Therefore, respondent proffers that petitioner should
not be awarded lost past and future earnings as provided under the Vaccine Act, 42 U.S.C.
§ 300aa-15(a)(3)(A). Petitioner agrees.
C. Pain and Suffering
Respondent proffers that petitioner should be awarded $185,000.00 for actual and
projected pain, suffering, and emotional distress. See 42 U.S.C. § 300aa-15(a)(4). This amount
reflects that the award for projected pain and suffering has been reduced to net present value.
Petitioner agrees.
4

Case 1:16-vv-00488-UNJ Document 65 Filed 10/10/18 Page 4 of 8
D. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure of past un-reimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past un-reimbursable expenses in the amount of $8,059.00. Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a combination of a one-time lump sum payment and future annuity payments as
described below, and request that the Chief Special Master’s decision and the Court’s judgment
award the following for all compensation1 available under 42 U.S.C. § 300aa-15(a).
Respondent proffers and petitioner agrees that an award of compensation include the
following elements:
A. A lump sum payment of $262,060.00, representing compensation for pain and
suffering ($185,000.00), past un-reimbursable expenses ($8,059.00), and life care expenses for
Year One ($69,001.00), in the form of a check payable to petitioner; and
B. An amount sufficient to purchase an annuity contract,2 subject to the conditions
described below, that will provide payments for the life care items contained in the life care plan,
as illustrated by the chart at Tab A, attached hereto, and paid to the life insurance company3 from
1 Should petitioner die prior to entry of judgment, respondent would oppose any award for future medical
expenses, future lost earnings and future projected pain and suffering and the parties reserve the right to
move the Court for appropriate relief.
2 To satisfy the conditions set forth herein, in respondent’s discretion, respondent may purchase one or
more annuity contracts from one or more life insurance companies.
3 The Life Insurance Company must have a minimum of $250,000,000 capital and surplus, exclusive of
any mandatory security valuation reserve. The Life Insurance Company must have one of the following
ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
5

Case 1:16-vv-00488-UNJ Document 65 Filed 10/10/18 Page 5 of 8
which the annuity will be purchased.4 Compensation for Year Two (beginning on the first
anniversary of the date of judgment) and all subsequent years shall be provided through
respondent’s purchase of an annuity, which annuity shall make payments directly to petitioner,
only so long as petitioner is alive at the time a particular payment is due. At the Secretary’s sole
discretion, the periodic payments may be provided to petitioner in monthly, quarterly, annual or
other installments. Annual totals set forth in the far-right column of the chart at Tab A describe
only the total yearly sum to be paid to petitioner and do not require that the payment be made in
one annual installment.
1. Growth Rate
Respondent proffers that a five percent (5%) growth rate should be applied to life care
items pertaining to insurance coverage and medical care, and a four percent (4%) growth rate
should be applied to all remaining life care items. Thus, the benefits illustrated in the chart at
Tab A that are to be paid through annuity payments should grow as follows: five percent (5%)
compounded annually from the date of judgment for insurance and medical care (illustrated in
the first two columns of Tab A), and four percent (4%) compounded annually from the date of
judgment for all remaining items.
c. Standard and Poor’s Corporation Insurer Claims-Paying Ability Rating: AA-, AA, AA+, or
AAA;
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating: AA-, AA,
AA+, or AAA.
4 Petitioner authorizes the disclosure of certain documents filed by the petitioners in this case consistent
with the Privacy Act and the routine uses described in the National Vaccine Injury Compensation
Program System of Records, No. 09-15-0056.
6

Case 1:16-vv-00488-UNJ Document 65 Filed 10/10/18 Page 6 of 8
2. Life-Contingent Annuity
Petitioner will continue to receive the annuity payments from the Life Insurance
Company only so long as petitioner is alive at the time that a particular payment is due.
Petitioner’s estate shall provide written notice to the Secretary of Health and Human Services
and the Life Insurance Company within twenty (20) days of petitioner’s death.
3. Guardianship Issues
Petitioner is a legally competent adult. Evidence of guardianship is not required in this
case.
III. Summary of Recommended Payments Following Judgment
A. Lump Sum paid to petitioner: $262,060.00
B. An amount sufficient to purchase the annuity contract described above in section
II. B.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
7

Case 1:16-vv-00488-UNJ Document 65 Filed 10/10/18 Page 7 of 8
/s/ Adriana Teitel
ADRIANA TEITEL
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-3677
Dated: April 23, 2018
8

Case 1:16-vv-00488-UNJ Document 65 Filed 10/10/18 Page 8 of 8
TAB A
Pet. Leslie Lewis
D.O.B. 03/04/1956
DATE: 04/12/18
SUMMARY OF LIFE CARE ITEMS
ITEM OF CARE Insurance Medical Ancilliary Supplies Home Transportation Home TOTALS TOTALS TOTALS OF
Care Services & Equipment Services Modifications of Items of Items 5.0% & 4.0% ITEMS
with a 5.0% with a 4.0% & APPLYING
Growth Rate Growth Rate THE GROWTH
GROWTH RATE 5.0% 5.0% 4.0% 4.0% 4.0% 4.0% 4.0% RATE
AGE YEAR
62 2018 000 3,50000 55600 1,88023 44,88000 61074 17,57400 3,500 65,501 69,001
63 2019 000 3,50000 50600 55022 44,88000 61074 000 3,500 46,547 52,084
64 2020 000 3,50000 50600 55022 44,88000 61074 000 3,500 46,547 54,204
65 2021 3,25344 000 50600 55022 44,88000 61074 000 3,253 46,547 56,125
66 2022 3,25344 000 50600 55022 59,44000 61074 000 3,253 61,107 75,441
67 2023 3,25344 000 50600 55022 59,44000 61074 000 3,253 61,107 78,498
68 2024 3,25344 000 50600 55022 59,44000 61074 000 3,253 61,107 81,680
69 2025 3,25344 000 50600 55022 59,44000 61074 000 3,253 61,107 84,991
70 2026 3,25344 000 50600 55022 59,44000 61074 000 3,253 61,107 88,436
71 2027 3,25344 000 50600 55022 59,44000 61074 000 3,253 61,107 92,021
72 2028 3,25344 000 50600 55022 59,44000 61074 000 3,253 61,107 95,753
73 2029 3,25344 000 50600 55022 59,44000 61074 000 3,253 61,107 99,636
74 2030 3,25344 000 50600 55022 59,44000 61074 000 3,253 61,107 103,677
75 2031 3,25344 000 50600 55022 59,44000 61074 000 3,253 61,107 107,882
76 2032 3,25344 000 50600 55022 74,00000 61074 000 3,253 75,667 137,472
77 2033 3,25344 000 50600 55022 74,00000 61074 000 3,253 75,667 143,036
78 2034 3,25344 000 50600 55022 74,00000 61074 000 3,253 75,667 148,825
79 2035 3,25344 000 50600 55022 74,00000 61074 000 3,253 75,667 154,849
80 2036 3,25344 000 50600 55022 74,00000 61074 000 3,253 75,667 161,117
81 2037 3,25344 000 50600 55022 74,00000 61074 000 3,253 75,667 167,640
82 2038 3,25344 000 50600 55022 74,00000 61074 000 3,253 75,667 174,428
83 2039 3,25344 000 50600 55022 74,00000 61074 000 3,253 75,667 181,491
84 2040 3,25344 000 50600 55022 74,00000 61074 000 3,253 75,667 188,842
85 2041 3,25344 000 50600 55022 74,00000 61074 000 3,253 75,667 196,491
86 2042 3,25344 000 50600 55022 74,00000 61074 000 3,253 75,667 204,450
87 2043 3,25344 000 50600 55022 74,00000 61074 000 3,253 75,667 212,733
88 2044 3,25344 000 50600 55022 74,00000 61074 000 3,253 75,667 221,353
89 2045 3,25344 000 50600 55022 74,00000 61074 000 3,253 75,667 230,322
90 2046 3,25344 000 50600 55022 74,00000 61074 000 3,253 75,667 239,657
This Report was generated using Sequoia Settlement Services, LLC Software (c) 1990
Lewis Joint LCP REV2 04 12 18
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