VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00353 Package ID: USCOURTS-cofc-1_18-vv-00353 Petitioner: S.G.R. Filed: 2018-03-07 Decided: 2021-03-01 Vaccine: DTaP Vaccination date: 2015-04-17 Condition: localization-related epilepsy Outcome: compensated Award amount USD: 296 AI-assisted case summary: Brianna and Jeffrey Rich, as parents and natural guardians of S.G.R., a minor child, filed a petition on March 7, 2018, alleging that a diphtheria-tetanus-acellular-pertussis (DTaP) vaccine and a measles-mumps-rubella (MMR) vaccine administered on April 17, 2015, caused S.G.R. to develop localization-related epilepsy. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused S.G.R.'s condition or any other injury. On February 2, 2021, the parties filed a stipulation recommending an award of compensation. Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The stipulation provided for a lump sum payment of $295.84 to reimburse a lien for services rendered by Presbyterian Centennial Care. An additional amount was to be purchased as an annuity contract. This compensation covers all damages available under the National Childhood Vaccine Injury Act. The decision was based on the stipulation, and judgment was entered accordingly. Petitioner counsel was Diana Lynn Stadelnikas of Maglio Christopher and Toale, PA. Respondent counsel was Lara Ann Englund of the United States Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert testimony. Theory of causation field: Petitioners alleged that a DTaP and MMR vaccine administered on April 17, 2015, caused S.G.R. to develop localization-related epilepsy. The respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Special Master Nora Beth Dorsey. The stipulation awarded $295.84 for a lien reimbursement and an additional amount for an annuity contract. The public decision does not detail the specific theory of causation, mechanism of injury, or any expert testimony. The case was resolved via stipulation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00353-0 Date issued/filed: 2021-03-01 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 2/2/2021) regarding 57 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00353-UNJ Document 61 Filed 03/01/21 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: February 2, 2021 * * * * * * * * * * * * * BRIANNA RICH and JEFFREY RICH, * as parents and natural guardians of * S.G.R., a minor child, * UNPUBLISHED * Petitioners, * No. 18-353V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; Diphtheria- AND HUMAN SERVICES, * Tetanus-Acellular-Pertussis (“DTap”) * Vaccine; Measles Mumps Rubella (“MMR”) Respondent. * Vaccine; Localization-Related Epilepsy. * * * * * * * * * * * * * * Diana Lynn Stadelnikas, Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner. Lara Ann Englund, United States Department of Justice, Washington, DC, for respondent. DECISION BASED ON STIPULATION1 On March 7, 2018, Brianna Rich and Jeffrey Rich (“petitioners”), as parents and natural guardians of S.G.R., a minor, filed a petition in the National Vaccine Injury Program2 alleging that as a result of a diphtheria-tetanus-acellular-pertussis (“DTaP”) vaccine and a measles mumps rubella (“MMR”) vaccine S.G.R. received on April 17, 2015, she suffers from localization-related epilepsy. Petition at 1-2 (ECF No. 1). 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-00353-UNJ Document 61 Filed 03/01/21 Page 2 of 9 On February 2, 2021, the parties filed a stipulation recommending an award of compensation to petitioner. Stipulation (ECF No. 56). Respondent denies that the DTaP and MMR vaccines or any other vaccine caused S.G.R. to suffer from localization-related epilepsy or any other injury or her current condition. 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 petitioner shall receive the following compensation: (1) A lump sum of $295.84, which amount represents reimbursement of a lien for services rendered on behalf of S.G.R. by Presbyterian Centennial Care under contract with the State of New Mexico, in the form of a check payable jointly to petitioners and Presbyterian Centennial Care, and mailed to: Presbyterian Centennial Care P.O. Box 27489 Albuquerque, NM 87125-7489 Tax ID#: 94-3037165 Member ID #: 105557349-00 Petitioners agree to endorse this check to Presbyterian Centennial Care. (2) An amount sufficient to purchase the annuity contract described in paragraph 10 of the stipulation, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”). 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-00353-UNJ Document 61 Filed 03/01/21 Page 3 of 9 Case 1:18-vv-00353-UNJ Document 61 Filed 03/01/21 Page 4 of 9 Case 1:18-vv-00353-UNJ Document 61 Filed 03/01/21 Page 5 of 9 Case 1:18-vv-00353-UNJ Document 61 Filed 03/01/21 Page 6 of 9 Case 1:18-vv-00353-UNJ Document 61 Filed 03/01/21 Page 7 of 9 Case 1:18-vv-00353-UNJ Document 61 Filed 03/01/21 Page 8 of 9 Case 1:18-vv-00353-UNJ Document 61 Filed 03/01/21 Page 9 of 9