VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00876
Package ID: USCOURTS-cofc-1_18-vv-00876
Petitioner: G.L.
Filed: 2020-03-16
Decided: 2020-04-16
Vaccine: Tdap
Vaccination date: 2016-06-10
Condition: idiopathic thrombocytopenia purpura (ITP)
Outcome: compensated
Award amount USD: 69189

AI-assisted case summary:
On March 16, 2020, Timothy J. Loken, as the natural guardian and legal representative of his minor daughter G.L., filed a petition seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that the Tdap vaccine G.L. received on June 10, 2016, caused her to suffer from idiopathic thrombocytopenia purpura (ITP). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused G.L.'s condition or any other injury. Despite maintaining their respective positions, both parties entered into a stipulation for settlement on March 13, 2020, agreeing that the case could be settled and that compensation should be awarded. Special Master Katherine E. Oler reviewed the stipulation and found it to be reasonable, adopting it as the decision of the court. Petitioner was awarded a total of $69,189.35. This amount included a lump sum of $5,000.00 for past unreimbursable expenses, payable to Timothy J. Loken via check. The remainder of the damages, $64,189.35, was to be paid through an annuity contract for G.L.'s benefit. The Special Master ordered the Secretary of Health and Human Services to purchase an annuity contract from a life insurance company meeting specific financial and rating criteria. This annuity contract was to provide a lump sum payment to G.L. on August 20, 2027, for all other damages. The Special Master directed the clerk of the court to enter judgment accordingly. Nancy Routh Meyers of Ward Black Law, P.A. represented the Petitioner, and Traci Patton of the U.S. Department of Justice represented the Respondent. The decision was issued on April 16, 2020.

Theory of causation field:
Petitioner alleged that the Tdap vaccine administered on June 10, 2016, caused G.L. to develop idiopathic thrombocytopenia purpura (ITP). Respondent denied causation. The parties reached a stipulation for settlement, and the Special Master adopted the stipulation as the decision. The public text does not detail the specific medical or scientific theory of causation presented by the petitioner, nor does it name any experts. The award was based on a joint stipulation, not a finding of causation after litigation. Petitioner Timothy J. Loken was represented by Nancy Routh Meyers. Respondent was represented by Traci Patton. Special Master Katherine E. Oler issued the decision on April 16, 2020. The award consisted of a $5,000.00 lump sum for past unreimbursable expenses and an annuity valued at $64,189.35, payable to G.L. on August 20, 2027.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00876-0
Date issued/filed: 2020-04-16
Pages: 10
Docket text: PUBLIC DECISION (Originally filed: 3/16/2020) regarding 33 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made.
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Case 1:18-vv-00876-UNJ Document 37 Filed 04/16/20 Page 1 of 10
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-876V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * *
*
*
TIMOTHY J. LOKEN, as Natural Guardian
*
and Legal Representative of G.L., a minor, * Filed: March 16, 2020
*
Petitioner, *
*
* Decision by Stipulation; Damages; Tdap
v. * Vaccine; Idiopathic Thrombocytopenia
* Purpura (“ITP”).
SECRETARY OF HEALTH AND *
*
HUMAN SERVICES,
*
*
Respondent. *
*
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Nancy Routh Meyers, Ward Black Law, P.A., Greensboro, NC, for Petitioner.
Traci Patton, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On June 20, 2018, Petitioner Timothy Loken (“Petitioner”) filed a petition, on behalf of
his daughter, G.L., seeking compensation under the National Vaccine Injury Compensation
Program (“the Vaccine Program”).2 Pet., ECF No. 1. Petitioner alleges that the Tdap vaccine
G.L. received on June 10, 2016 caused her to suffer from idiopathic thrombocytopenia purpura
(“ITP”). See Stipulation ¶ 2, 4, dated March 13, 2020 (ECF No. 31); see also Petition.
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted
on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. §
3501 (2012). This means the ruling will be available to anyone with access to the internet. As provided
by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain
kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days
within which to request 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). Otherwise, the Decision in its present form will be available. 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.A. ' 300aa-
10-' 300aa-34 (West 1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine
Act are to 42 U.S.C.A. ' 300aa.

Case 1:18-vv-00876-UNJ Document 37 Filed 04/16/20 Page 2 of 10
Respondent denies “that the vaccine caused G.L. to suffer from ITP or any other injury or
her current condition.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their
above-stated positions, agreed in a stipulation filed March 13, 2020 that the issues before them can
be settled and that a decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth
therein.
The parties have stipulated that Petitioner shall receive the following compensation:
1. Lump Sum
A lump sum of $5,000.00, which represents compensation for past unreimbursable
expenses, in the form of a check payable to Petitioner, Timothy J. Loken. Stip. ¶ 8.
2. Annuity
The remainder of damages shall be paid in the form of an annuity contract, which shall be
purchased as soon as practicable after entry of judgment. Accordingly, pursuant to 42 U.S.C. §
300aa-15(f)(4), I order Respondent to purchase, and take ownership of, an annuity contract,3 as
described below:
Each Life Insurance Company must meet the following criteria:
1. Have a minimum of $250,000,000 of capital and surplus, exclusive of any mandatory
security valuation reserve; and
2. have one of the following ratings from two of the following rating organizations:
a) A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b) Moody’s Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c) Standard and Poor’s Corporation Insurer Claims-Paying Ability Rating: AA-, AA,
AA+, or AAA;
d) Fitch Credit Rating Company, Insurance Company Claims-Paying Ability Rating:
AA-, AA, AA+, or AAA.
The Secretary of Health and Human Services shall purchase an annuity contract from the Life
Insurance Company for the benefit of G.L., pursuant to which the Life Insurance Company will
agree to make a certain lump sum payment to G.L. for all other damages that would be available
under 42 U.S.C. § 300aa-15(a), in the amount of $64,189.35 on August 20, 2027.
3 To satisfy the conditions set forth herein, in Respondent’s discretion, Respondent may purchase one or
more annuity contracts from one or more life insurance companies.

Case 1:18-vv-00876-UNJ Document 37 Filed 04/16/20 Page 3 of 10
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk
of the Court is directed to enter judgment herewith.4
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master
4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice
renouncing their right to seek review.

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