VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01988 Package ID: USCOURTS-cofc-1_17-vv-01988 Petitioner: J.B. Filed: 2017-12-20 Decided: 2019-05-28 Vaccine: DTaP Vaccination date: 2015-01-12 Condition: febrile seizures and/or encephalitis Outcome: compensated Award amount USD: 50864 AI-assisted case summary: On December 20, 2017, Andrew and Lonya Bartosiewicz, parents and natural guardians of minor J.B., filed a petition for compensation under the National Vaccine Injury Compensation Program. J.B. received diphtheria-tetanus-acellular pertussis (DTaP) and Hepatitis A (Hep A) vaccines on or about January 12, 2015. The petition alleged that these vaccines, either singly or in combination, caused J.B. to develop febrile seizures and/or encephalitis, with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused the alleged injuries. However, the parties reached a stipulation for settlement. The stipulation provided that a decision should be entered awarding compensation. The respondent maintained its position that the vaccines did not cause J.B.'s alleged seizures/encephalitis or any other injury. Nevertheless, the parties agreed to settle the issues and enter a decision awarding compensation according to the terms of the stipulation. The stipulation awarded a lump sum payment of $864.02 to satisfy a Commonwealth of Pennsylvania Medicaid lien, payable jointly to the petitioners and the Commonwealth of Pennsylvania. Additionally, a lump sum of $50,000.00 was awarded as remaining compensation for damages, payable jointly to the petitioners as guardians/conservators of the estate of J.B. The stipulation specified that no payments would be made until the petitioners provided documentation establishing their appointment as guardians/conservators of J.B.'s estate. Special Master Thomas L. Gowen found the stipulation reasonable and adopted it as the decision of the Court, ordering that judgment be entered in accordance with its terms. The decision was entered on May 28, 2019. Petitioner counsel was Jeffrey A. Golvash of Brennan, Robins & Daley, P.C. Respondent counsel was Ryan D. Pyles of the United States Department of Justice. Theory of causation field: Petitioners alleged that the DTaP and Hepatitis A vaccines, singly or in combination, caused J.B. to develop febrile seizures and/or encephalitis with residual effects lasting more than six months. The respondent denied causation. The parties reached a stipulation for settlement, agreeing to award compensation without admitting or denying causation. The stipulation awarded $864.02 to satisfy a Medicaid lien and $50,000.00 in remaining compensation for damages. Special Master Thomas L. Gowen adopted the stipulation as the decision of the Court. The public decision does not describe the specific medical theory of causation, expert testimony, or the mechanism of injury. The decision date was May 28, 2019. Petitioner counsel was Jeffrey A. Golvash, and respondent counsel was Ryan D. Pyles. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01988-0 Date issued/filed: 2019-05-28 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 4/9/19) regarding 30 DECISION on Stipulation. Signed by Special Master Thomas L. Gowen. (kb) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01988-UNJ Document 34 Filed 05/28/19 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: April 9, 2019 * * * * * * * * * * * * * ANDREW BARTOSIEWICZ and * LONYA BARTOSIEWICZ, as parents * and natural guardians of J.B., a minor, * UNPUBLISHED * Petitioners, * No. 17-1988V * v. * Special Master Gowen * SECRETARY OF HEALTH * Diphtheria-Tetanus-Acellular AND HUMAN SERVICES, * Pertussis (“DTaP”); Hepatitis A * (“Hep A”); Febrile Seizures; Respondent. * Encephalitis; Stipulation. * * * * * * * * * * * * * Jeffrey A. Golvash, Brennan, Robins & Daley, P.C., Pittsburgh, PA, for petitioner. Ryan D. Pyles, United States Department of Justice, Washington, DC, for respondent. DECISION ON STIPULATION1 On December 20, 2017, Andrew Bartosiewicz and Lonya Bartosiewicz (“petitioners”), on behalf of their minor child J.B., filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). J.B. received diphtheria-tetanus-acellular pertussis (“DTaP”) and Hepatitis A (“Hep A”) vaccines on or about January 12, 2015. Stipulation filed April 9, 2019 (ECF No. 29) at ¶ 2. Petitioners alleged that the DTaP and Hep A vaccines, either singly or in combination, caused J.B. to develop “febrile seizures and/ or encephalitis,” and that J.B. experienced the residual effects of this injury for more than six months. Id. at ¶ 4. 1 In accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012), because this opinion contains a reasoned explanation for the action in this case, this opinion will be posted on the website of the United States Court of Federal Claims. This means the opinion 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 published Decision’s inclusion of certain kinds of confidential information. Specifically, Under Vaccine Rule 18(b), each party has 14 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). If neither party files a motion for redaction within 14 days, the entire opinion will be posted on the website and available to the public in its current form. 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 1:17-vv-01988-UNJ Document 34 Filed 05/28/19 Page 2 of 8 On April 9, 2019, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioners. Stipulation. Respondent denies that the DTaP and Hep A vaccines, either singly or in combination, caused J.B.’s alleged seizures/ and or encephalitis, or any other injury. Id. at ¶ 6. Maintaining their respective positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding compensation according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation awards: 1) A lump sum payment of $864.02, representing compensation for satisfaction of a Commonwealth of Pennsylvania Medicaid lien, in the form of a check payable jointly to petitioners and: Commonwealth of Pennsylvania Bureau of Program Integrity Division of Third Party Liability Recovery Section P.O. Box 8486 Harrisburg, PA 17105-8486 Petitioners agree to endorse this payment to the Commonwealth. 2) A lump sum of $50,000.00, in the form of a check payable jointly to petitioners, as guardians/ conservators of the estate of J.B. This amount represents all remaining compensation for damages that would be available under 42 U.S.C. § 300aa-15(a). No payments pursuant to this stipulation shall be made until petitioners provide the Secretary with documentation establishing their appointment as guardians/ conservators of J.B.’s estate. Stipulation at ¶ 12. I find the stipulation reasonable and I adopt it as the decision of the Court in awarding damages, on the terms set forth therein. Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.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 Case 1:17-vv-01988-UNJ Document 34 Filed 05/28/19 Page 3 of 8 Case 1:17-vv-01988-UNJ Document 34 Filed 05/28/19 Page 4 of 8 Case 1:17-vv-01988-UNJ Document 34 Filed 05/28/19 Page 5 of 8 Case 1:17-vv-01988-UNJ Document 34 Filed 05/28/19 Page 6 of 8 Case 1:17-vv-01988-UNJ Document 34 Filed 05/28/19 Page 7 of 8 Case 1:17-vv-01988-UNJ Document 34 Filed 05/28/19 Page 8 of 8