VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01308 Package ID: USCOURTS-cofc-1_18-vv-01308 Petitioner: Rebecca Wentland Filed: 2018-08-28 Decided: 2021-07-27 Vaccine: Tdap Vaccination date: 2016-04-08 Condition: transverse myelitis Outcome: compensated Award amount USD: 26308 AI-assisted case summary: Rebecca Wentland filed a petition for compensation on August 28, 2018, alleging that the tetanus, diphtheria, and acellular pertussis (Tdap) vaccine she received on April 8, 2016, caused her to develop transverse myelitis (TM). She further alleged that she suffered residual effects from the condition for more than six months. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Ms. Wentland's TM. The public decision does not describe the onset of symptoms, specific clinical details of the condition, diagnostic tests, or treatments. The parties filed a joint stipulation agreeing to compensation. Special Master Christian J. Moran reviewed the stipulation and adopted it as the decision of the Court. The award included a lump sum payment of $25,000.00 payable to the petitioner and a lump sum of $1,308.89 to reimburse a Medicaid lien, for a total award of $26,308.89. This amount represents compensation for all damages available under the program. The decision was filed on July 27, 2021. Ronald C. Homer represented the petitioner, and Sarah C. Duncan represented the respondent. The public decision does not name any experts or detail the specific mechanism of causation. Theory of causation field: Petitioner Rebecca Wentland alleged that the Tdap vaccine administered on April 8, 2016, caused her to develop transverse myelitis (TM), a condition listed on the Vaccine Injury Table. She further alleged residual effects for more than six months. Respondent denied causation. The parties submitted a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation resulted in an award of $25,000.00 as a lump sum to the petitioner and $1,308.89 to reimburse a Medicaid lien, totaling $26,308.89. The theory of causation relied on the Vaccine Injury Table. The public decision does not name experts or describe the specific mechanism of injury. Petitioner counsel was Ronald C. Homer, and respondent counsel was Sarah C. Duncan. The decision date was July 27, 2021. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01308-0 Date issued/filed: 2021-08-24 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 07/27/2021) regarding 77 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (Attachments: # (1) Joint Stipulation) (hh) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01308-UNJ Document 81 Filed 08/24/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * REBECCA WENTLAND, * * No. 18-1308V Petitioner, * Special Master Christian J. Moran * v. * Filed: July 27, 2021 * SECRETARY OF HEALTH * Stipulation; tetanus, diphtheria, and AND HUMAN SERVICES, * and acellular pertussis (“Tdap”) * vaccine; transverse myelitis (“TM”). Respondent. * * * * * * * * * * * * * * * * * * * * * * Ronald C. Homer, Conway Homer, P.C., Boston, MA, for Petitioner; Sarah C. Duncan, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On July 27, 2021, the parties filed a joint stipulation concerning the petition for compensation filed by Rebecca Wentland on August 28, 2018. Petitioner alleged that the tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccine she received on April 8, 2016, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused her to suffer from transverse myelitis (“TM”). Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Respondent denies that the Tdap vaccine caused petitioner to suffer from TM or any other injury. 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-01308-UNJ Document 81 Filed 08/24/21 Page 2 of 2 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: a. A lump sum payment of $25,000.00 in the form of a check payable to petitioner; b. A lump sum of $1,308.89, which amount represents reimbursement of a Medicaid lien, in the form of a check payable to: Department of Health Care Services Recovery Branch – MS 4720 P.O. Box 997421 Sacramento, CA 95899-7421 DHCS Account #: C96647891A-VAC03 Petitioner agrees to endorse this check to the Department of Health Care Services. This amount represents compensation for all 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 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 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