VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01086
Package ID: USCOURTS-cofc-1_18-vv-01086
Petitioner: Tammy DeBoer
Filed: 2018-07-25
Decided: 2021-08-31
Vaccine: Tdap
Vaccination date: 2016-06-24
Condition: Acute Disseminated Encephalomyelitis (ADEM)
Outcome: compensated
Award amount USD: 185000

AI-assisted case summary:
On July 25, 2018, Tammy DeBoer filed a petition for compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that she received a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on June 24, 2016, which caused her to suffer from Acute Disseminated Encephalomyelitis (ADEM) and that the injury lasted for more than six months. The respondent denied that the Tdap vaccine caused Petitioner's alleged ADEM or any other injury. Nevertheless, on August 31, 2021, the parties filed a stipulation agreeing to an award of compensation. The stipulation stated that Petitioner would receive a lump sum of $185,000.00 as compensation for all damages. Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court, approving the compensation amount. Judgment was to be entered in accordance with the stipulation. The public decision does not describe the specific onset of symptoms, clinical course, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Edward M. Kraus of the Law Offices of Chicago Kent, and Respondent was represented by Lara A. Englund of the United States Department of Justice.

Theory of causation field:
Petitioner Tammy DeBoer alleged that the Tdap vaccine administered on June 24, 2016, caused her to develop Acute Disseminated Encephalomyelitis (ADEM), with an injury lasting over six months. Respondent denied causation. The parties reached a stipulation for award, agreeing to a lump sum of $185,000.00 for all damages. Special Master Herbrina Sanders approved the stipulation on August 31, 2021. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01086-0
Date issued/filed: 2021-09-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/31/2021) regarding 43 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (rig) Service on parties made.
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Case 1:18-vv-01086-UNJ Document 47 Filed 09/27/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: August 31, 2021
* * * * * * * * * * * * * * * * * * * * * * * * *
TAMMY DEBOER, * No. 18-1086V
*
Petitioner, * Special Master Sanders
v. *
*
SECRETARY OF HEALTH * Stipulation for Award;
AND HUMAN SERVICES, * Tetanus-Diphtheria-Acellular Pertussis
* (“Tdap”) Vaccine; Acute Disseminated
Respondent. * Encephalomyelitis (“ADEM”)
* * * * * * * * * * * * * * * * * * * * * * * * *
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for Petitioner.
Lara A. Englund, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On July 25, 2018, Tammy DeBoer (“Petitioner”) filed a petition for compensation pursuant
to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2012).
Petitioner alleged that the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine she received on
June 24, 2016, caused her to suffer from Acute Disseminated Encephalomyelitis (“ADEM”). Pet.
at 1, ECF No. 1. Petitioner further alleged that her injury lasted for more than six months. See id.
¶ 53.
On August 31, 2021, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation to Petitioner. Stipulation ¶ 7, ECF No. 42. The parties state that
“Respondent denies that the Tdap vaccine is the cause of [P]etitioner’s alleged ADEM or any other
injury or her current condition.” Id. ¶ 6. Nevertheless, the parties agree to the joint stipulation,
attached hereto as Appendix A. See id. ¶ 7. I find the stipulation reasonable and adopt 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 This Decision shall be posted on the website of the United States Court of Federal Claims, in accordance
with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as
amended at 44 U.S.C. § 3501 note (2012)). This means the Decision will be available to anyone with
access to the Internet. As provided by Vaccine Rule 18(b), each party has 14 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).
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.

Case 1:18-vv-01086-UNJ Document 47 Filed 09/27/21 Page 2 of 7
A lump sum of $185,000.00, in the form of a check payable to [P]etitioner. This
amount represents compensation for all damages that would be available
under 42 U.S.C. § 300aa-15(a).
Id. ¶ 8.
I approve 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/Herbrina D. Sanders
Herbrina D. Sanders
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

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