VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00124 Package ID: USCOURTS-cofc-1_17-vv-00124 Petitioner: Jennifer L. Good Filed: 2017-08-03 Decided: 2021-10-12 Vaccine: HPV Vaccination date: 2014-01-07 Condition: myelopathy and/or transverse myelitis Outcome: compensated Award amount USD: 797392 AI-assisted case summary: Jennifer L. Good filed a petition on August 3, 2017, seeking compensation under the National Vaccine Injury Compensation Program. Ms. Good alleged that she developed myelopathy and/or transverse myelitis as a result of receiving the human papillomavirus (HPV) vaccination on January 7, 2014. The respondent, the Secretary of Health and Human Services, denied that the HPV immunization caused Ms. Good's alleged neurological injury. Despite maintaining their respective positions, both parties agreed to settle the case through a joint stipulation filed on August 3, 2021. Special Master Katherine E. Oler reviewed the file and adopted the parties' stipulation as her decision, finding it reasonable. The stipulation awarded Ms. Good a total of $797,392.14. This award included a lump sum of $168,484.14 to satisfy the State of Illinois Medicaid lien, a lump sum of $125,000.00 payable to the Jennifer L. Good U.S. Grantor Reversionary Trust, and a lump sum of $568,908.00 payable to Ms. Good. The latter lump sum included $168,908.00 for future life care expenses for the first year following the entry of judgment. The remainder of the damages was to be paid in the form of an annuity contract, to be purchased as soon as practicable after the entry of judgment. The Special Master ordered the Respondent to purchase an annuity contract from a life insurance company meeting specific financial and rating criteria for the benefit of Petitioner. The decision was issued by Special Master Katherine E. Oler on October 12, 2021. Petitioner was represented by Thomas L. Knight of Thomas L. Knight & Associates, and Respondent was represented by Ryan Pyles of the U.S. Department of Justice. Theory of causation field: Petitioner Jennifer L. Good alleged that she developed myelopathy and/or transverse myelitis as a result of an HPV vaccination received on January 7, 2014. Respondent denied causation. The parties reached a stipulation for settlement, which was adopted by Special Master Katherine E. Oler on October 12, 2021. The stipulation awarded Petitioner $797,392.14, comprising lump sum payments for a Medicaid lien ($168,484.14), a trust ($125,000.00), and Ms. Good ($568,908.00, including $168,908.00 for future life care expenses), with the remainder paid via an annuity. The public decision does not describe the specific theory of causation, medical experts, clinical details, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00124-0 Date issued/filed: 2021-10-12 Pages: 11 Docket text: PUBLIC DECISION (Originally filed: 8/3/2021) regarding 64 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00124-UNJ Document 68 Filed 10/12/21 Page 1 of 11 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-124V (not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * JENNIFER L. GOOD, * * Filed: August 3, 2021 Petitioner, * * * v. * Decision by Stipulation; Damages; * Human Papillomavirus (“HPV”) Vaccine; SECRETARY OF HEALTH AND * Myelopathy; Transverse Myelitis (“TM”). HUMAN SERVICES, * * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * Thomas L. Knight, Thomas L. Knight & Associates, Wheaton, IL, for Petitioner Ryan Pyles, U.S. Department of Justice, Washington, DC, for Respondent DECISION ON JOINT STIPULATION1 On January 27, 2017, Jennifer Good (“Petitioner”) filed a petition, seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF No. 1. Petitioner alleges she developed neurological injury (myelopathy) and/or transverse myelitis and as a result of the human papillomavirus (“HPV”) vaccination she received on January 7, 2014. See Stipulation ¶ 2, 4, dated August 3, 2021 (ECF No. 63); see also Petition. Respondent denies “that the HPV immunization is the cause of petitioner’s alleged 1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Otherwise, the Decision in its present form will be available. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter “Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the pertinent subparagraph of 42 U.S.C. § 300aa. Case 1:17-vv-00124-UNJ Document 68 Filed 10/12/21 Page 2 of 11 neurological injury, transverse myelitis, and/or any other injury.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation filed August 3, 2021 that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: 1. Lump Sum Payments A lump sum of $168,484.14, representing compensation for satisfaction of the State of Illinois Medicaid lien, in the form of a check jointly payable to petitioner and Illinois Department of Health and Family Services Bureau of Collections Technical Recovery Section P.O. Box 19174 Springfield, Illinois 62794-9174 Petitioner agrees to endorse this payment to the State; A lump sum of $125,000.00 in the form of a check payable to the Jennifer L. Good U.S. Grantor Reversionary Trust (the “Trust”); and A lump sum of $568,908.00 in the form of a check payable to petitioner, which includes $168,908.00 for future life care expenses for the first year follow the entry of judgment. This amount represents compensation for all remaining damages that would be available under 42 U.S.C. § 300aa-15(a). 2. Annuity The remainder of damages shall be paid in the form of an annuity contract, which shall be purchased as soon as practicable after entry of judgment. Accordingly, pursuant to 42 U.S.C. § 300aa-15(f)(4), I order Respondent to purchase, and take ownership of, an annuity contract,3 as described below: Each Life Insurance Company must meet the following criteria: 1. Have a minimum of $250,000,000 of capital and surplus, exclusive of any mandatory security valuation reserve; and 3 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. Case 1:17-vv-00124-UNJ Document 68 Filed 10/12/21 Page 3 of 11 2. 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; 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. The Secretary of Health and Human Services shall purchase an annuity contract from the Life Insurance Company for the benefit of Petitioner, pursuant to which the Life Insurance Company will agree to make payments periodically to Petitioner as described in paragraph 10 and 11 of the attached Stipulation. This award represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court is directed to enter judgment herewith.4 IT IS SO ORDERED. s/ Katherine E. Oler Katherine E. Oler Special Master 4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review. 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