VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00804
Package ID: USCOURTS-cofc-1_18-vv-00804
Petitioner: Christian Matthew Hayes
Filed: 2018-06-06
Decided: 2019-09-11
Vaccine: varicella
Vaccination date: 2016-07-25
Condition: active disseminated vaccine-strain varicella infection, with subsequent permanent scarring
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Christian Matthew Hayes filed a petition for vaccine injury compensation on June 6, 2018, alleging that he suffered an active disseminated vaccine-strain varicella infection with subsequent permanent scarring as a result of receiving a varicella vaccine on July 25, 2016. The respondent filed a Rule 4(c) report on May 9, 2019, conceding that the petitioner met the statutory requirements for entitlement to compensation and satisfied all legal prerequisites for compensation under the Vaccine Act. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on May 14, 2019, finding that the petitioner was entitled to compensation. Subsequently, on June 14, 2019, the respondent filed a Proffer on Award of Compensation, recommending an award of $75,000.00, representing all elements of compensation available under 42 U.S.C. § 300aa-15(a). The petitioner agreed with this proffered award. On September 11, 2019, Chief Special Master Dorsey issued a decision awarding Christian Matthew Hayes a lump sum payment of $75,000.00, payable directly to him, as compensation for all damages. Petitioner counsel was Samantha P. Travis, and respondent counsel was Colleen Clemons Hartley.

Theory of causation field:
Petitioner Christian Matthew Hayes received a varicella vaccine on July 25, 2016, and subsequently suffered an active disseminated vaccine-strain varicella infection with permanent scarring. The respondent conceded entitlement to compensation, finding that the petitioner met all legal prerequisites under the National Vaccine Injury Compensation Program. The case proceeded to damages, and the respondent filed a proffer recommending an award of $75,000.00, which represented all elements of compensation available under 42 U.S.C. § 300aa-15(a). The petitioner agreed with this award. Chief Special Master Nora Beth Dorsey issued a decision on September 11, 2019, awarding the lump sum of $75,000.00 to the petitioner. The specific theory of causation, medical experts, or mechanism of injury were not detailed in the provided public text, but the injury was categorized as a 'Table Injury' and 'Varicella Vaccine-Strain Viral Reactivation'.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00804-0
Date issued/filed: 2019-08-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/14/2019) regarding 25 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00804-UNJ Document 33 Filed 08/14/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-804V
Filed: May 14, 2019
UNPUBLISHED
CHRISTIAN MATTHEW HAYES,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Varicella Vaccine;
SECRETARY OF HEALTH AND Varicella Vaccine-Strain Viral
HUMAN SERVICES, Reactivation
Respondent.
Samantha P. Travis, Ogle Worm & Travis, PLLP, Kalispell, MT, for petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 6, 2018, petitioner 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 as a result of receiving a varicella vaccine on July 25,
2016, he suffered an active disseminated vaccine-strain varicella infection, with
subsequent permanent scarring. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On May 9, 2019, respondent filed his Rule 4(c) report in which he concedes that
petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1.
Specifically, respondent states that “petitioner has met the statutory requirements for
1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This
means the ruling 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. Because this unpublished ruling contains a reasoned explanation for the action in this
case, 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).
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.

Case 1:18-vv-00804-UNJ Document 33 Filed 08/14/19 Page 2 of 2
entitlement to compensation . . . [and] satisfied all legal prerequisites for compensation
under the Act.” Id. at 3.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-00804-1
Date issued/filed: 2019-09-11
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/19/2019) regarding 29 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00804-UNJ Document 36 Filed 09/11/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-804V
Filed: June 19, 2019
UNPUBLISHED
CHRISTIAN MATTHEW HAYES,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Varicella Vaccine; Varicella Vaccine-
SECRETARY OF HEALTH AND
Strain Viral Reactivation
HUMAN SERVICES,
Respondent.
Samantha P. Travis, Ogle Worm & Travis, PLLP, Kalispell, MT, for petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 6, 2018, petitioner 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 as a result of receiving a varicella vaccine on July 25,
2016, he suffered an active disseminated vaccine-strain varicella infection, with
subsequent permanent scarring. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On May 14, 2019, a ruling on entitlement was issued, finding petitioner entitled to
compensation. On June 14, 2019, respondent filed a proffer on award of compensation
(“Proffer”) indicating petitioner should be awarded $75,000.00. Proffer at 2. In the
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
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. Because this unpublished decision contains a reasoned explanation for the
action in this case, 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).
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-00804-UNJ Document 36 Filed 09/11/19 Page 2 of 4
Proffer, respondent represented that petitioner agrees with the proffered award. Id.
Based on the record as a whole, the undersigned finds that petitioner is entitled to an
award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $75,000.00 in the form of a check payable to
petitioner, Christian Matthew Hayes. This amount represents compensation for all
damages that would be available under § 15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief 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

Case 1:18-vv-00804-UNJ Document 36 Filed 09/11/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
CHRISTIAN MATTHEW HAYES, )
)
Petitioner, )
) No. 18-804V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 6, 2018, Christian Matthew Hayes (“petitioner”) filed a petition for vaccine
injury compensation alleging that he suffered active disseminated vaccine-strain varicella
infection, with subsequent permanent scarring. On May 9, 2019, respondent conceded that
entitlement to compensation was appropriate under the terms of the Vaccine Act. On May 14,
2019, the Chief Special Master Dorsey issued a Ruling on Entitlement finding that petitioner was
entitled to compensation. The case is now in damages.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$75,000.00, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner be made through a
1

Case 1:18-vv-00804-UNJ Document 36 Filed 09/11/19 Page 4 of 4
lump sum payment of $75,000.00 in the form of a check payable to petitioner.1 Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Colleen C. Hartley
COLLEEN C. HARTLEY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-3644
Fax: (202) 353-2988
DATED: June 14, 2019
1 Should petitioner die prior to the entry of judgment, respondent reserves the right to move the
Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future pain and suffering, and future lost wages.
2