VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00258 Package ID: USCOURTS-cofc-1_17-vv-00258 Petitioner: J.M.E. Filed: 2017-02-23 Decided: 2023-06-27 Vaccine: DTaP, IPV, and MMRV Vaccination date: 2016-07-29 Condition: transverse myelitis Outcome: compensated Award amount USD: 408242.91 AI-assisted case summary: On February 23, 2017, Dionne Edwards filed a petition on behalf of her minor son, J.M.E., alleging that he developed transverse myelitis after receiving the diphtheria-tetanus-acellular pertussis (DTaP), inactivated polio (IPV), and measles, mumps, rubella, and varicella (MMRV) vaccines on July 29, 2016. The respondent, the Secretary of Health and Human Services, denied that the immunizations caused J.M.E.'s injury. The parties subsequently reached a settlement. The settlement terms included a lump sum of $293,303.11 for first-year life care expenses and pain and suffering, payable to petitioner as guardian/conservator of J.M.E.'s estate. An additional lump sum of $22,578.14 was designated for past unreimbursable expenses, payable to Dionne Edwards. Furthermore, $62,361.65 was allocated for reimbursement of an Alabama Medicaid lien, payable jointly to petitioner and Alabama Medicaid. The parties also agreed to an additional amount sufficient to purchase an annuity contract. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded compensation accordingly. The petition was filed on February 23, 2017, and the decision on the joint stipulation was issued on June 27, 2023. Petitioner was represented by Milton Ragsdale, Esq., and respondent was represented by Christine Becer, Esq. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation. Theory of causation field: Petitioner alleged that J.M.E. developed transverse myelitis following vaccination with DTaP, IPV, and MMRV vaccines on July 29, 2016. Respondent denied causation. The parties reached a settlement, agreeing to a total award of $408,242.91, which included compensation for first-year life care expenses, pain and suffering, past unreimbursable expenses, and reimbursement of an Alabama Medicaid lien, along with an amount for an annuity. Special Master Mindy Michaels Roth adopted the stipulation on June 27, 2023. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccines allegedly caused the transverse myelitis. Petitioner was represented by Milton Ragsdale, Esq., and respondent by Christine Becer, Esq. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00258-0 Date issued/filed: 2023-06-27 Pages: 13 Docket text: PUBLIC DECISION (Originally filed: 5/31/2023) regarding 77 DECISION - Stipulation. Signed by Special Master Mindy Michaels Roth. (msg) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00258-UNJ Document 78 Filed 06/27/23 Page 1 of 13 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-258V Filed: May 31, 2023 * * * * * * * * * * * * * DIONNE EDWARDS, on behalf of * her minor son, J.M.E., * * Petitioner, * * UNPUBLISHED v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Milton Ragsdale, Esq., Ragsdale LLC, Birmingham, AL for petitioner. Christine Becer, Esq., US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On February 23, 2017, Dionne Edwards [“Ms. Edwards” or “petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program2 on behalf of her minor son, J.M.E. Petitioner alleges that J.M.E. developed transverse myelitis (“TM”) after receiving the diphtheria-tetanus-acellular pertussis (“DTaP”), inactivated polio (“IPV”), and measles, mumps, rubella, and varicella (“MMRV”) vaccines on July 29, 2016. Stipulation, filed May 31, 2023, at ¶¶ 1-4. Respondent denies that any of the aforementioned immunizations caused J.M.E.’s injury. Stipulation at ¶ 6. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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, I agree that the identified material fits within this definition, I 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 (2018). 1 Case 1:17-vv-00258-UNJ Document 78 Filed 06/27/23 Page 2 of 13 Nevertheless, the parties have agreed to settle the case. On May 31, 2023, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. ECF No. 76. Respondent agrees to issue the following payment: a) A lump sum of $293,303.11, representing compensation for first year life care expenses and pain and suffering, in the form of a check payable to petitioner as guardian/conservator of the estate of J.M.E. for the benefit of J.M.E. No payments shall be made until petitioner provides response with documentation establishing that she has been appointed as guardian/conservator of J.M.E.’s estate; b) A lump sum of $22,578.14, representing compensation for past unreimbursable expenses, in the form of a check payable to petitioner, Dionne Edwards; c) A lump sum of $62,361.65, representing reimbursement of an Alabama Medicaid lien for services rendered on behalf of J.M.E., in the form of a check payable jointly to petitioner and Alabama Medicaid Subrogation Unit PO Box 240756 Montgomery, AL 36124 Medicaid ID #: 530000429425 Attn: Tammy Goodson d) An amount sufficient to purchase the annuity contract described in paragraph 10 of the attached stipulation, paid to the life insurance company from which the annuity will be purchased. These amounts represent compensation for all damages that would be available under § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2 Case 1:17-vv-00258-UNJ Document 78 Filed 06/27/23 Page 3 of 13 Case 1:17-vv-00258-UNJ Document 78 Filed 06/27/23 Page 4 of 13 Case 1:17-vv-00258-UNJ Document 78 Filed 06/27/23 Page 5 of 13 Case 1:17-vv-00258-UNJ Document 78 Filed 06/27/23 Page 6 of 13 Case 1:17-vv-00258-UNJ Document 78 Filed 06/27/23 Page 7 of 13 Case 1:17-vv-00258-UNJ Document 78 Filed 06/27/23 Page 8 of 13 Case 1:17-vv-00258-UNJ Document 78 Filed 06/27/23 Page 9 of 13 Case 1:17-vv-00258-UNJ Document 78 Filed 06/27/23 Page 10 of 13 Case 1:17-vv-00258-UNJ Document 78 Filed 06/27/23 Page 11 of 13 Case 1:17-vv-00258-UNJ Document 78 Filed 06/27/23 Page 12 of 13 Case 1:17-vv-00258-UNJ Document 78 Filed 06/27/23 Page 13 of 13