VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00115
Package ID: USCOURTS-cofc-1_18-vv-00115
Petitioner: Joe H. Castillo
Filed: 2018-01-23
Decided: 2023-06-27
Vaccine: influenza
Vaccination date: 2015-01-23
Condition: Transverse Myelitis
Outcome: compensated
Award amount USD: 329906

AI-assisted case summary:
Joe H. Castillo filed a petition on January 23, 2018, alleging that he suffered from Transverse Myelitis (TM) as a result of receiving the influenza vaccine on January 23, 2015. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr. Castillo's TM or any other condition. Despite maintaining their respective positions, the parties reached a stipulation to settle the case and award compensation. The stipulation provided for a lump sum of $329,906.79, representing compensation for first-year life care expenses ($34,953.54) and all remaining damages ($294,953.25), payable to Mr. Castillo. Additionally, an amount sufficient to purchase an annuity contract was to be paid to a life insurance company. Special Master Thomas L. Gowen adopted the stipulation and ordered judgment entered in accordance with its terms on June 27, 2023. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Colleen Clemons Hartley of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests, or treatments. The specific mechanism of causation was not detailed in the public decision.

Theory of causation field:
Petitioner Joe H. Castillo alleged that the influenza vaccine administered on January 23, 2015, caused him to suffer from Transverse Myelitis (TM). The respondent denied causation. The parties reached a stipulation to settle the case, agreeing to an award of compensation without admitting causation. The award consisted of a lump sum of $329,906.79 for first-year life care expenses and all remaining damages, plus an amount for an annuity. Special Master Thomas L. Gowen 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 vaccine allegedly caused the TM. Petitioner was represented by Leah VaSahnja Durant and respondent by Colleen Clemons Hartley.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00115-0
Date issued/filed: 2023-07-18
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 6/27/2023) regarding 92 DECISION Stipulation: Signed by Special Master Thomas L. Gowen. (slw) Service on parties made.
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Case 1:18-vv-00115-UNJ Document 96 Filed 07/18/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: June 27, 2023
* * * * * * * * * * * * *
JOE H. CASTILLO, *
*
*
Petitioners, * No. 18-115V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON STIPULATION1
On January 23, 2018, Joe H. Castillo (“petitioner”), filed a petition for compensation
under the National Vaccine Injury Compensation Program.2 (Petition) (ECF No. 1). Petitioner
alleged that as a result of receiving the influenza (“Flu”) vaccine on January 23, 2015, he
suffered from Transverse Myelitis (“TM”). Id.
On June 27, 2023, respondent filed a stipulation stating that a decision should be entered
awarding compensation to petitioner. Stipulation (ECF No. 91). Respondent denies that the flu
vaccine caused petitioner to suffer from TM, or any other injury, or his current condition. Id. at ¶
6. Nevertheless, maintaining their respective positions, the parties nevertheless now agree that
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision contains a
reasoned explanation for the action in this case, I am required to post it to a publicly available website. This decision
will appear at https://www.govinfo.gov/app/collection/uscourts/national/cofc or on the Court of Federal Claims
website. This means the decision will be available to anyone with access to the Internet. Before the decision is
posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed
redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision
will be posted on the court’s website without any changes. 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-10 to 34 (2012)
(hereinafter “Vaccine Act” or “the Act”). Hereinafter, individual section references will be to 42 U.S.C. § 300aa of
the Act.

Case 1:18-vv-00115-UNJ Document 96 Filed 07/18/23 Page 2 of 2
the issues between the parties shall be settled and that a decision should be entered awarding
petitioner compensation according to the terms of the stipulation attached here to as Appendix A.
Id. at ¶ 7.
The stipulation provides:
a) A lump sum of $329,906.79, which amount represents compensation for first
year life care expenses ($34,953.54) and all remaining damages ($294,953.25), in
the form of a check payable to petitioner;
b) An amount sufficient to purchase the annuity contract described in paragraph
10, paid to the life insurance company from which the annuity will be purchased
(the “Life Insurance Company”).
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 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 expediated by each party’s filing notice renouncing the right to seek review. Vaccine Rule
11(a).
2