VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00060 Package ID: USCOURTS-cofc-1_18-vv-00060 Petitioner: Dennis Allen, Jr Filed: 2018-01-12 Decided: 2019-11-12 Vaccine: Tdap Vaccination date: 2016-11-18 Condition: acute inflammatory demyelinating polyneuropathy (AIDP) Outcome: compensated Award amount USD: 75000 AI-assisted case summary: Dennis Allen, Jr. filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2018. Mr. Allen alleged that he developed acute inflammatory demyelinating polyneuropathy (AIDP) after receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccination on November 18, 2016. The respondent denied that the vaccination caused the petitioner's injury. However, the parties reached a settlement agreement. On October 16, 2019, they filed a joint stipulation outlining the terms of the settlement. The respondent agreed to issue a payment of $75,000.00 to Mr. Allen as compensation for all damages. Special Master Mindy Michaels Roth adopted the stipulation and awarded the compensation. The clerk was directed to enter judgment accordingly. The public decision does not describe the specific onset of symptoms, clinical details, diagnostic tests, treatments, or expert witnesses involved in this case. Petitioner was represented by Maximillian J. Muller, Esq., and respondent was represented by Althea Davis, Esq. Theory of causation field: Petitioner Dennis Allen, Jr. alleged that he developed acute inflammatory demyelinating polyneuropathy (AIDP) after receiving a Tdap vaccination on November 18, 2016. Respondent denied causation. The parties reached a settlement, and on October 16, 2019, filed a joint stipulation. Special Master Mindy Michaels Roth adopted the stipulation on November 12, 2019, awarding $75,000.00 as a lump sum payment to the petitioner for all damages. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. Petitioner counsel was Maximillian J. Muller, Esq., and respondent counsel was Althea Davis, Esq. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00060-0 Date issued/filed: 2019-11-12 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/16/2019) regarding 29 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00060-UNJ Document 33 Filed 11/12/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-60V Filed: October 16, 2019 * * * * * * * * * * * * * DENNIS ALLEN, JR * UNPUBLISHED * Petitioner, * Decision on Joint Stipulation; * Acute Inflammatory v. * Demyelinating Polyneuropathy * (“AIDP”); Tetanus-diphtheria- SECRETARY OF HEALTH * acellular pertussis (“Tdap”) AND HUMAN SERVICES, * Vaccine * Respondent. * * * * * * * * * * * * * * Maximillian J. Muller, Esq., Muller Brazil, LLP, Dresher, PA, for petitioner. Althea Davis, Esq., US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On January 12, 2018, Dennis Allen, Jr., [“Mr. Allen” or “petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that he developed acute inflammatory demyelinating polyneuropathy (“AIDP”) after receiving a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccination on November 18, 2016. Stipulation, filed Oct. 16, 2019, at ¶¶ 1-4. Respondent denies that any of the aforementioned immunizations caused petitioner’s injury. Stipulation at ¶ 6. Nevertheless, the parties have agreed to settle the case. On October 16, 2019, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. 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 1:18-vv-00060-UNJ Document 33 Filed 11/12/19 Page 2 of 7 Respondent agrees to issue the following payment: A lump sum of $75,000.00 in the form of a check payable to petitioner, Dennis Allen, Jr. 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 1:18-vv-00060-UNJ Document 33 Filed 11/12/19 Page 3 of 7 Case 1:18-vv-00060-UNJ Document 33 Filed 11/12/19 Page 4 of 7 Case 1:18-vv-00060-UNJ Document 33 Filed 11/12/19 Page 5 of 7 Case 1:18-vv-00060-UNJ Document 33 Filed 11/12/19 Page 6 of 7 Case 1:18-vv-00060-UNJ Document 33 Filed 11/12/19 Page 7 of 7