VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00961 Package ID: USCOURTS-cofc-1_18-vv-00961 Petitioner: C.R. Filed: 2018-07-03 Decided: 2020-12-22 Vaccine: DTaP Vaccination date: 2015-12-01 Condition: transverse myelitis Outcome: compensated Award amount USD: 168072 AI-assisted case summary: On July 3, 2018, Shauna and Cody Rhyne, parents of C.R., a minor, filed a petition for compensation under the National Childhood Vaccine Injury Act. They alleged that a series of vaccines administered on December 1, 2015, including diphtheria, tetanus, acellular pertussis (DTaP); hepatitis B; inactivated polio (IPV); influenza (flu); pneumococcal conjugate (Prevnar 13); and rotavirus (RotaTeq), caused their child to suffer transverse myelitis (TM). The petition stated that C.R. experienced residual effects from this injury for more than six months and that no prior award or settlement had been made for this condition. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused or significantly aggravated C.R.'s alleged injury or that the child's condition resulted from a vaccine-related injury. Despite the respondent's denial, the parties reached a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran as the decision of the Court. The stipulation awarded a total of $168,072.00 in damages. This amount included $8,000.00 for past unreimbursable expenses, $72.11 to reimburse a Medicaid lien, and $160,000.00 for all remaining damages. The decision was filed on November 25, 2020, and the final judgment was entered on December 22, 2020. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the mechanism of injury. The attorneys involved were Ronald C. Homer for the petitioners and Mollie D. Gorney for the respondent. Theory of causation field: Petitioners alleged that the DTaP, Hepatitis B, IPV, influenza, pneumococcal conjugate, and rotavirus vaccines administered on December 1, 2015, caused C.R. to suffer transverse myelitis (TM), with residual effects lasting more than six months. The respondent denied causation. The case was resolved via a joint stipulation for compensation, adopted by Special Master Christian J. Moran on November 25, 2020, and judgment entered December 22, 2020. The stipulation awarded $168,072.00 ($8,000.00 for past unreimbursable expenses, $72.11 for a Medicaid lien, and $160,000.00 for all remaining damages). The theory of causation was based on the Vaccine Injury Table. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00961-0 Date issued/filed: 2020-12-22 Pages: 3 Docket text: PUBLIC DECISION (Originally filed: 11/25/2020) regarding 68 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (Attachments: # (1) Joint Stipulation) (hh) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00961-UNJ Document 69 Filed 12/22/20 Page 1 of 3 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * SHAUNA RHYNE and CODY * RHYNE, parents of C.R., a minor, * * No. 18-961V Petitioners, * Special Master Christian J. Moran * v. * Filed: November 25, 2020 * SECRETARY OF HEALTH * Stipulation; DTaP vaccine; AND HUMAN SERVICES, * Hepatitis B vaccine; inactivated polio * virus (“IPV”) vaccine; influenza * (“flu”) vaccine; pneumococcal * conjugate vaccine; rotavirus vaccine; * transverse myelitis (“TM”). Respondent. * * * * * * * * * * * * * * * * * * * * * * Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for Petitioners; Mollie D. Gorney, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On November 25, 2020, the parties filed a joint stipulation concerning the petition for compensation filed by Shauna Rhyne and Cody Rhyne on July 3, 2018. In their petition, petitioners alleged that the diphtheria, tetanus, acellular pertussis (“DTaP”); hepatitis B; inactivated polio (“IPV”); influenza (“flu”); pneumococcal conjugate (“Prevnar 13”); and rotavirus (“RotaTeq”) vaccines, which are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), and which C.R. received on December 1, 2015, caused C.R. to suffer transverse myelitis (“TM”). 1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:18-vv-00961-UNJ Document 69 Filed 12/22/20 Page 2 of 3 Petitioners further allege that C.R. suffered the residual effects of this injury for more than six months. Petitioners represent that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. Respondent denies that the vaccines either caused or significantly aggravated C.R.’s alleged injury or any other injury, and denies that C.R.’s current condition is the result of a vaccine-related injury. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: 1. A lump sum payment of $8,000.00, which amount represents compensation for past unreimbursable expenses, in the form of a check payable to petitioners; 2. A lump sum of $72.11, which amount represents reimbursement for a Medicaid lien for vaccine injury-related services rendered on behalf of C.R., in the form of a check payable jointly to petitioners and Colorado Department of Health Care Policy and Financing, 1570 Grand Street, Denver, Colorado, 80203; Petitioners agree to endorse this check to Colorado Department of Health Care Policy and Financing. 3. A lump sum of $160,000.00 in the form of a check payable to petitioners, as guardians/conservators of the estate of C.R., which represents compensation for all remaining damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation.2 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 Case 1:18-vv-00961-UNJ Document 69 Filed 12/22/20 Page 3 of 3 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 3