VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00356
Package ID: USCOURTS-cofc-1_18-vv-00356
Petitioner: Kenneth Armstrong
Filed: 2018-03-07
Decided: 2022-08-26
Vaccine: Tdap
Vaccination date: 
Condition: acute disseminated encephalomyelitis (ADEM)
Outcome: compensated
Award amount USD: 235250

AI-assisted case summary:
On March 7, 2018, Alicea Armstrong, as the personal representative of the Estate of Kenneth Armstrong, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that Mr. Armstrong suffered acute disseminated encephalomyelitis (ADEM) and that his death on July 17, 2017, was a sequela of this alleged vaccine-related injury. The petition stated that Mr. Armstrong received a Tdap vaccine. The respondent denied that the Tdap vaccine caused Mr. Armstrong's alleged ADEM, any other injury, or his death. The parties subsequently filed a joint stipulation for damages on August 1, 2022, agreeing that compensation should be awarded. Special Master Daniel T. Horner reviewed the stipulation and adopted it as the decision of the Court. Pursuant to the stipulation, a lump sum award of $235,250.00 was granted, payable to Alicea Armstrong as the legal representative of the estate. This amount represents compensation for all items of damages available under the Vaccine Act. The decision was entered on August 26, 2022. The public decision does not describe the specific onset of symptoms, clinical details of Mr. Armstrong's condition, any diagnostic tests performed, or treatments received. The public decision also does not name any medical experts or detail the specific mechanism of injury.

Theory of causation field:
Petitioner alleged that Kenneth Armstrong received a Tdap vaccine and subsequently suffered acute disseminated encephalomyelitis (ADEM), leading to his death on July 17, 2017. The respondent denied that the Tdap vaccine caused the alleged ADEM, injury, or death. The parties filed a joint stipulation for damages, agreeing to an award. The Special Master adopted the stipulation. The public text does not specify the vaccine date, age at vaccination, or provide details on the onset of symptoms, clinical presentation, diagnostic tests, treatments, or the specific mechanism of causation. No medical experts are named in the public decision. The award was a lump sum of $235,250.00. The decision was entered on August 26, 2022, based on a stipulation filed August 1, 2022. Petitioner counsel was Isaiah Kalinowski, and respondent counsel was Mary Holmes. Special Master was Daniel T. Horner.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00356-0
Date issued/filed: 2022-08-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/01/2022) regarding 82 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (mly) Service on parties made.
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Case 1:18-vv-00356-UNJ Document 88 Filed 08/26/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-356V
Filed: August 1, 2022
UNPUBLISHED
Estate of KENNETH ARMSTRONG,
Decedent, by and through, ALICEA
ARMSTRONG, as Personal
Joint Stipulation on Damages;
Representative,
Tetanus, diphtheria, acellular
pertussis (“Tdap”) vaccine; Acute
Petitioner,
disseminated encephalomyelitis
v.
(“ADEM”)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Isaiah Kalinowski, Bosson Legal Group, Fairfax, VA, for petitioner.
Mary Holmes, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On March 7, 2018, Alicea Armstrong (“petitioner’), as the personal representative
of the Estate of Kenneth Armstrong (“Mr. Armstrong”), filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et
seq.,2 (the “Vaccine Act”). Petitioner alleges that Mr. Armstrong suffered acute
disseminate encephalomyelitis (“ADEM”). Petition at 5; Stipulation, filed August 1,
2022, at ¶ 4. Mr. Armstrong passed away on July 17, 2017; and petitioner further
alleges that his death was the sequela of his alleged vaccine-related injury. Petition at
9, Stipulation at ¶ 4. Petitioner further alleges that there has been no prior award or
settlement of a civil action for damages as a result of his condition, and that his vaccine
was administered in the United States. Petition at 9; Stipulation at ¶¶ 3-5. “Respondent
1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will
be posted on the United States Court of Federal Claims’ website in accordance with the E-Government
Act of 2002. See 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 the special master, upon review, agrees that the identified material fits within this definition, it will be
redacted from public access.
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-00356-UNJ Document 88 Filed 08/26/22 Page 2 of 7
denies that the Tdap vaccine caused Mr. Armstrong’s alleged ADEM, any other injury,
or his death. ” Stipulation at ¶ 6.
Nevertheless, on August 1, 2022, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as the decision of the Court in awarding damages, on the terms
set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $235,250.00 in the form of a check payable to petitioner as
legal representative of the estate of Kenneth Armstrong. Stipulation at ¶ 8.
This amount represents compensation for all items of damages that would be
available under § 15(a). Id.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the
clerk of the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Daniel T. Horner
Daniel T. Horner
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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