VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00043
Package ID: USCOURTS-cofc-1_17-vv-00043
Petitioner: Donna Kastl
Filed: 2017-01-11
Decided: 2021-06-15
Vaccine: Tdap
Vaccination date: 2015-08-31
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 265766

AI-assisted case summary:
On January 11, 2017, Donna Kastl filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that a Tdap vaccination administered on August 31, 2015, caused her to develop transverse myelitis (TM). The respondent, the Secretary of Health and Human Services, denied that Ms. Kastl suffered from TM or any vaccine-related injury. However, on June 15, 2021, the parties filed a joint stipulation recommending an award of compensation. This stipulation was based on a settlement agreement rather than a finding of causation. Special Master Nora Beth Dorsey reviewed and adopted the stipulation as the decision of the Court. The award included a lump sum of $265,766.80, comprising $65,766.80 for first-year life care expenses and $200,000.00 for combined pain and suffering and past unreimbursable expenses, payable to Ms. Kastl. Additionally, an amount sufficient to purchase an annuity contract for future damages was to be paid to a life insurance company. Petitioner was represented by Jason P. Osteen of Dempsey & Kingsland, P.C., and respondent was represented by Adriana R. Teitel of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details of the transverse myelitis, diagnostic tests performed, or treatments received. The theory of causation is not detailed in the public decision as the case was resolved by stipulation.

Theory of causation field:
Petitioner Donna Kastl alleged that a Tdap vaccination on August 31, 2015, caused her to develop transverse myelitis (TM). The respondent denied causation. The parties resolved the case via a joint stipulation for compensation, adopted by Special Master Nora Beth Dorsey on June 15, 2021. The stipulation awarded petitioner $265,766.80, consisting of $65,766.80 for first-year life care expenses and $200,000.00 for pain and suffering and past unreimbursable expenses, plus an amount for a future damages annuity. The public decision does not specify the medical mechanism of injury, name any experts, or detail the evidence considered for causation, as the case was settled. Petitioner's counsel was Jason P. Osteen, and respondent's counsel was Adriana R. Teitel.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00043-0
Date issued/filed: 2021-07-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 6/15/2021) regarding 59 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (Attachments: # (1) Appendix A)(mca) Service on parties made.
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Case 1:17-vv-00043-UNJ Document 60 Filed 07/13/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: June 15, 2021
* * * * * * * * * * * * * * * * * * * * * * * * *
DONNA KASTL, * UNPUBLISHED
*
Petitioner, * No. 17-43v
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation; Tetanus-
AND HUMAN SERVICES, * Diphtheria-Acellular Pertussis (“Tdap”);
* Transverse Myelitis (“TM”).
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Jason P. Osteen, Dempsey & Kingsland, P.C., Kansas City, MO, for petitioner.
Adriana R. Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION BASED ON STIPULATION1
On January 11, 2017, Donna Kastl (“petitioner”) filed a petition in the National Vaccine
Injury Compensation Program.2 Petitioner alleged that as a result of tetanus-diphtheria-acellular
pertussis (“Tdap”) vaccination on August 31, 2015, she developed transverse myelitis (“TM”).
Petition at 1 (ECF No. 1); Stipulation at ¶ 1.
On June 15, 2021, the parties filed a stipulation recommending an award of compensation
to petitioner. Stipulation. Respondent denies that petitioner suffered from TM or any other
injury caused by her vaccine. Id. at ¶ 6. Nevertheless, the parties agree to the joint stipulation,
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-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. § 300aa.
1

Case 1:17-vv-00043-UNJ Document 60 Filed 07/13/21 Page 2 of 2
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 $265,766.80, which amount represents compensation for first
year life care expenses ($65,766.80), and combined pain and suffering and past
unreimbursable expenses ($200,000.00) in the form of a check payable to
petitioner.
(2) An amount sufficient to purchase the annuity contract described below, paid to
the life insurance company from which the annuity will be purchased (the “Life
Insurance Company”).
This amount represents compensation for all damages that would be available under 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 Beth Dorsey
Nora Beth 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