VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01180
Package ID: USCOURTS-cofc-1_16-vv-01180
Petitioner: C.R.
Filed: 2016-09-21
Decided: 2020-10-21
Vaccine: DTaP/IPV
Vaccination date: 2014-08-14
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 1085855

AI-assisted case summary:
On September 21, 2016, Cynthia Ramirez, individually and as next friend of C.R., a minor, filed a petition for compensation under the National Vaccine Injury Program. Petitioner alleged that C.R. suffered transverse myelitis as a result of receiving the Diphtheria-Tetanus-Acellular Pertussis/Inactivated Polio (DTaP/IPV) and varicella vaccinations on August 14, 2014. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused C.R.'s alleged injuries or current condition. The parties reached a stipulation to settle the issues and award compensation to the petitioner. Special Master Thomas L. Gowen issued a decision on the stipulation on October 21, 2020. The stipulation provided for a total award of $1,085,855.06. This amount included a lump sum of $638,163.71 for first-year life care expenses and trust seed funds, payable to Region Bank as trustee. It also included a lump sum of $300,000.00 for lost future earnings and pain and suffering, payable to the petitioner as guardian/conservator of C.R.'s estate, contingent upon her appointment. Additionally, a lump sum of $147,691.35 was allocated for reimbursement of a Medicaid lien for services rendered by the State of Texas, payable jointly to the petitioner and Meridian Resource Company, LLC. The award also included an amount sufficient to purchase an annuity contract. Judgment was to be entered in accordance with the terms of the stipulation. Gil L. Daley, II, of the Law office of Gil L. Daley, II, P.C., represented the petitioner, and Claudia B. Gangi from the U.S. Department of Justice represented the respondent. The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the mechanism of injury.

Theory of causation field:
Petitioner alleged that C.R. suffered transverse myelitis as a result of receiving the DTaP/IPV and varicella vaccinations on August 14, 2014. The respondent denied causation. The parties stipulated to an award of $1,085,855.06, which included compensation for first-year life care expenses, trust seed funds, lost future earnings, pain and suffering, and reimbursement of a Medicaid lien, along with an amount for an annuity. Special Master Thomas L. Gowen issued the decision on stipulation on October 21, 2020. The public text does not detail the specific theory of causation, expert testimony, or the mechanism of injury, as the case was resolved by stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01180-1
Date issued/filed: 2020-11-16
Pages: 12
Docket text: PUBLIC DECISION (Originally filed: 10/21/2020) regarding 125 DECISION on Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made.
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Case 1:16-vv-01180-UNJ Document 126 Filed 11/16/20 Page 1 of 12
In the United States Court of Federal Claims
Office of Special Masters
Filed: October 21, 2020
* * * * * * * * * * * * * * *
CYNTHIA RAMIREZ, individually * UNPUBLISHED
and as Next Friend of C.R., a minor *
* No. 16-1180V
Petitioner, *
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Stipulation for Award; Diphtheria-
AND HUMAN SERVICES, * Tetanus-acellular Pertussis (DTap);
* Inactivated Polio (IPV); Varicella;
Respondent. * Transverse myelitis.
* * * * * * * * * * * * * * *
Gil L. Daley, II, Law office of Gil L. Daley, II, P.C., Forth Worth, TX, for petitioner.
Claudia B. Gangi, U.S. Department of Justice, Washington, D.C., for respondent.
DECISION ON STIPULATION1
On September 21, 2016, Cynthia Ramirez, individually and as next friend of C.R., a
minor (“petitioner”) filed a petition for compensation under the National Vaccine Injury
Program.2 Petition (ECF No. 1). Petitioner alleges that as a result of receiving the Diphtheria-
Tetanus-Acellular Pertussis/Inactivated Polio vaccine (“DTaP/IPV”) and the varicella
vaccinations on August 14, 2014, C.R. suffered transverse myelitis. Petition at Preamble;
Stipulation at ¶ 2 (ECF No. 124).
On October 21, 2020, respondent filed a stipulation providing a decision should be
entered awarding compensation to petitioner. Respondent denies that the vaccines are the cause
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a
reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of
Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the
opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s
website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the
decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the
court’s website without any changes. Id.
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-01180-UNJ Document 126 Filed 11/16/20 Page 2 of 12
of C.R.’s alleged injuries, or any other injury or her current condition. Id. at ¶ 6. Nevertheless,
maintaining their respective positions, the parties now agree that the issues between them shall
be settled and that a decision should be entered awarding the compensation to the petitioner
according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7.
The stipulation provides:
a) A lump sum of $638,163.71, which amount represents compensation for first
year life care expenses ($70,323.71) and trust seed funds ($567,840.00), in the
form of a check payable to Region Bank, as trustee of the grantor reversionary
trust established for the benefit of C.R.;
b) A lump sum of $300,000.00, which amount represents compensation for lost
future earnings ($50,000.00) and pain and suffering ($250,000.00), in the form of
a check payable to petitioner as guardian/conservator of the estate of C.R. for
the benefit of C.R. No payments shall be made until petitioner provides
respondent with documentation establishing that she has been appointed as
guardian/conservator of C.R.’s estate;
c) A lump sum of $147,691.35, which amount represents reimbursement of a
Medicaid lien for services rendered on behalf of C.R. by the State of Texas, in
the form of a check payable jointly to petitioner and Meridian Resource
Company, LLC, and mailed to:
Meridian Resource Company, LLC
P.O. Box 659940
San Antonio, TX 78265-9939
File No. 45602078
Attn: Kathy Cook
Petitioner agrees to endorse this check to the Meridian Resource Company, LLC.
d) An amount sufficient to purchase the annuity contract described in the
stipulation.
Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with
the terms of the stipulation and this decision.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule
11(a).
2

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