VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-02009 Package ID: USCOURTS-cofc-1_17-vv-02009 Petitioner: Emily McHenry Filed: 2017-12-21 Decided: 2020-11-23 Vaccine: human papilloma virus Vaccination date: 2015-01-13 Condition: reactive arthritis and tendonitis Outcome: compensated Award amount USD: 110000 AI-assisted case summary: Emily McHenry filed a petition on December 21, 2017, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she developed reactive arthritis and tendonitis after receiving a human papilloma virus (HPV) vaccine on January 13, 2015. She further alleged developing juvenile idiopathic arthritis (JIA) after a second HPV vaccine on August 17, 2016. The respondent denied that the petitioner sustained the alleged injuries, that the vaccines caused or significantly aggravated her alleged injuries, or that her current disabilities resulted from a vaccine-related injury. Despite the respondent's denial, the parties reached a joint stipulation to settle the case. Special Master Mindy Michaels Roth adopted the stipulation, awarding Emily McHenry a lump sum of $110,000.00, payable by check to Ms. McHenry, as compensation for all damages. The decision was issued on November 23, 2020. The public decision does not describe the petitioner's age at vaccination, specific symptoms, medical tests, treatments, or the mechanism of causation. Petitioner was represented by Edward Kraus, Esq., and respondent was represented by Mallori Openchowski, Esq. Theory of causation field: Petitioner Emily McHenry alleged developing reactive arthritis and tendonitis after an HPV vaccine on January 13, 2015, and juvenile idiopathic arthritis (JIA) after a second HPV vaccine on August 17, 2016. Respondent denied causation. The parties reached a joint stipulation to settle the case, and Special Master Mindy Michaels Roth awarded $110,000.00 in lump sum compensation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-02009-0 Date issued/filed: 2020-11-23 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/28/2020) regarding 54 DECISION Stipulation. Signed by Special Master Mindy Michaels Roth. (ec) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-02009-UNJ Document 57 Filed 11/23/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-2009V Filed: October 28, 2020 * * * * * * * * * * * * * EMILY MCHENRY, * UNPUBLISHED * Petitioner, * Decision on Joint Stipulation; * Reactive arthritis; Tendonitis; v. * Juvenile Idiopathic Arthritis * (“JIA”); Human papilloma SECRETARY OF HEALTH * virus (“HPV”) vaccine AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Edward Kraus, Esq., Law Offices of Chicago Kent, Chicago, IL for petitioner. Mallori Openchowski, Esq., US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On December 21, 2017, Emily McHenry [“Ms. McHenry” or “petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that she developed reactive arthritis and tendonitis after receiving a human papilloma virus (“HPV”) vaccine on January 13, 2015 and juvenile idiopathic arthritis (“JIA”) after receiving a HPV vaccine on August 17, 2016. See Petition, ECF No. 1. Respondent denies that petitioner sustained the alleged injuries, that the vaccine caused or significantly aggravated petitioner’s alleged injury or any other injury, and that petitioner’s current disabilities are the result of a vaccine-related injury. Stipulation, filed October 28, 2020, at ¶ 6. 1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107- 347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision will be available to anyone with access to the internet. 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 whole Decision will be available to the public. Id. 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 (2012). Case 1:17-vv-02009-UNJ Document 57 Filed 11/23/20 Page 2 of 7 Nevertheless, the parties have agreed to settle the case. On October 28, 2020, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to issue the following payment: A lump sum of $110,000.00 in the form of a check payable to petitioner, Emily McHenry. This amount represents 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-02009-UNJ Document 57 Filed 11/23/20 Page 3 of 7 Case 1:17-vv-02009-UNJ Document 57 Filed 11/23/20 Page 4 of 7 Case 1:17-vv-02009-UNJ Document 57 Filed 11/23/20 Page 5 of 7 Case 1:17-vv-02009-UNJ Document 57 Filed 11/23/20 Page 6 of 7 Case 1:17-vv-02009-UNJ Document 57 Filed 11/23/20 Page 7 of 7