VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00308 Package ID: USCOURTS-cofc-1_17-vv-00308 Petitioner: Matthew Wolf Filed: 2017-03-06 Decided: 2022-04-25 Vaccine: Tdap Vaccination date: 2014-03-17 Condition: transverse myelitis Outcome: compensated Award amount USD: 25000 AI-assisted case summary: Emilie Wolf, as personal representative of the estate of Matthew Wolf, deceased, filed a petition on March 6, 2017, alleging that a Tdap vaccine administered on March 17, 2014, caused Matthew Wolf to suffer transverse myelitis (TM) and ultimately led to his death. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Mr. Wolf's TM or any other injury or his death. Despite these denials, the parties reached a stipulation for compensation. The stipulation recommended an award of $25,000.00 to petitioner as the personal representative of Matthew Wolf's estate. Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court, awarding the agreed-upon compensation for all damages. Judgment was entered based on the stipulation. Petitioner counsel was Ronald Craig Homer. Respondent counsel was Sarah Christina Duncan. Theory of causation field: Petitioner alleged that a Tdap vaccine administered on March 17, 2014, caused Matthew Wolf to suffer transverse myelitis (TM) and ultimately led to his death. Respondent denied that the Tdap vaccine caused the alleged TM or any other injury or death. The parties reached a stipulation for compensation, agreeing to an award of $25,000.00 for all damages. The Special Master adopted the stipulation. The specific theory of causation, medical experts, clinical details of the TM, or mechanism of injury were not described in the public decision, which was based on a stipulation. The decision was issued by Special Master Nora Beth Dorsey on April 25, 2022, based on a stipulation filed March 29, 2022. Petitioner was represented by Ronald Craig Homer and respondent by Sarah Christina Duncan. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00308-1 Date issued/filed: 2022-04-25 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 3/29/2022) regarding 98 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00308-UNJ Document 105 Filed 04/25/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: March 29, 2022 * * * * * * * * * * * * * * * * * * * EMILIE WOLF, as personal * representative of the estate of * MATTHEW WOLF, deceased, * UNPUBLISHED * Petitioner, * No. 17-308V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; Tetanus- AND HUMAN SERVICES, * Diphtheria-Acellular-Pertussis (“Tdap”) * Vaccine; Transverse Myelitis (“TM”). Respondent. * * * * * * * * * * * * * * * * * * * * * Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent. DECISION BASED ON STIPULATION1 On March 6, 2017, Emilie Wolf, as personal representative of the estate of Mathew Wolf, deceased, (“petitioner”) filed a petition in the National Vaccine Injury Program2 alleging that as the result of a tetanus-diphtheria-acellular-pertussis (“Tdap”) vaccine administered on March 17, 2014, Mr. Wolf suffered transverse myelitis (“TM”). Petition at Preamble (ECF No. 1). 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-10 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. 1 Case 1:17-vv-00308-UNJ Document 105 Filed 04/25/22 Page 2 of 7 On March 29, 2022, the parties filed a stipulation recommending an award of compensation to petitioner. Stipulation (ECF No. 97). Respondent denies that Matthew Wolf’s alleged TM was caused-in-fact by the Tdap vaccine, and denies that the Tdap vaccine caused Matthew Wolf any other injury or his death. Nevertheless, the parties agree to the joint stipulation, 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 petitioners shall receive the following compensation: (1) A lump sum of $25,000.00 in the form of a check payable to petitioner as the personal representative of the estate of Matthew Wolf. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-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 B. Dorsey Nora B. 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 Case 1:17-vv-00308-UNJ Document 105 Filed 04/25/22 Page 3 of 7 Case 1:17-vv-00308-UNJ Document 105 Filed 04/25/22 Page 4 of 7 Case 1:17-vv-00308-UNJ Document 105 Filed 04/25/22 Page 5 of 7 Case 1:17-vv-00308-UNJ Document 105 Filed 04/25/22 Page 6 of 7 Case 1:17-vv-00308-UNJ Document 105 Filed 04/25/22 Page 7 of 7