VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00132 Package ID: USCOURTS-cofc-1_18-vv-00132 Petitioner: A.W. Filed: 2018-01-26 Decided: 2021-12-07 Vaccine: DTaP Vaccination date: 2017-05-24 Condition: death Outcome: compensated Award amount USD: 75000 AI-assisted case summary: On January 26, 2018, Taylor E. Porter and Kelvin D. Woods, as the natural parents of A.W., a minor, filed a petition alleging that their child passed away as a result of the diphtheria-tetanus-acellular pertussis (DTaP), hepatitis B, inactivated polio vaccine (IPV), haemophilus influenzae type B (Hib), pneumococcal conjugate (PCV13), and rotavirus vaccines A.W. received on May 24, 2017. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused A.W.'s death. On December 7, 2021, the parties filed a stipulation recommending an award of compensation. The Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the decision of the Court. The stipulation recommended a lump sum payment of $75,000.00 to the petitioners as legal representatives of A.W.'s estate, representing compensation for all damages available under the law. The parties jointly filed notice renouncing the right to seek review, and judgment was entered accordingly. Theory of causation field: Petitioners alleged that A.W. passed away as a result of the diphtheria-tetanus-acellular pertussis (DTaP), hepatitis B, inactivated polio vaccine (IPV), haemophilus influenzae type B (Hib), pneumococcal conjugate (PCV13), and rotavirus vaccines received on May 24, 2017. The respondent denied that the vaccines caused A.W.'s death. The parties filed a stipulation recommending an award of compensation, which the Special Master adopted. The public decision does not describe the specific theory of causation, clinical details, expert testimony, or the mechanism of injury. The award was a lump sum of $75,000.00. The decision was based on a stipulation, not on a finding of causation. Special Master Nora Beth Dorsey issued the decision on December 7, 2021. Petitioners' counsel was Carol L. Gallagher, and respondent's counsel was Mitchell Jones. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00132-1 Date issued/filed: 2022-01-04 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/7/2021) regarding 86 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00132-UNJ Document 91 Filed 01/04/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: December 7, 2021 * * * * * * * * * * * * * * * * * * * TAYLOR E. PORTER, natural mother * of decedent, and KELVIN D. WOODS, * natural father of decedent, A.W., * UNPUBLISHED * Petitioners, * No. 18-132V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; Diphtheria- AND HUMAN SERVICES, * Tetanus-Acellular Pertussis (“DTaP”) * Vaccine; Hepatitis B; Inactivated Polio Respondent. * Vaccine (“IPV”); Haemophilus Influenzae * Type B (“Hib”); Pneumococcal Conjugate * (“PCV13”); Rotavirus Vaccine; Death. * * * * * * * * * * * * * * * * * * * Carol L. Gallagher, Carol L. Gallagher, Esquire, LLC, Somers Point, NJ, for petitioner. Mitchell Jones, US Department of Justice, Washington, DC, for respondent. DECISION BASED ON STIPULATION1 On January 26, 2018, Taylor E. Porter and Kelvin D. Woods (“petitioners”), as natural parents of A.W., a minor, filed a petition in the National Vaccine Injury Program2 alleging that A.W. passed away as a result of the diphtheria-tetanus-acellular pertussis (“DTaP”), hepatitis B, inactivated polio vaccine (“IPV”), haemophilus influenzae type B (“Hib”), pneumococcal 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 1:18-vv-00132-UNJ Document 91 Filed 01/04/22 Page 2 of 7 conjugate (“PCV13”), and rotavirus vaccines A.W. received on May 24, 2017. Petition at Preamble (ECF No. 1). On December 7, 2021, the parties filed a stipulation recommending an award of compensation to petitioner. Stipulation (ECF No. 85). Respondent denies the vaccines caused A.W. any injury or her 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 $75,000.00 in the form of a check payable to petitioners, as legal representatives of the estate of A.W. 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 1:18-vv-00132-UNJ Document 91 Filed 01/04/22 Page 3 of 7 Case 1:18-vv-00132-UNJ Document 91 Filed 01/04/22 Page 4 of 7 Case 1:18-vv-00132-UNJ Document 91 Filed 01/04/22 Page 5 of 7 Case 1:18-vv-00132-UNJ Document 91 Filed 01/04/22 Page 6 of 7 Case 1:18-vv-00132-UNJ Document 91 Filed 01/04/22 Page 7 of 7