VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01393
Package ID: USCOURTS-cofc-1_18-vv-01393
Petitioner: Andrew Tidd
Filed: 2018-09-13
Decided: 2020-03-27
Vaccine: influenza
Vaccination date: 2016-09-17
Condition: myocarditis and death
Outcome: compensated
Award amount USD: 150000

AI-assisted case summary:
Mary Newcomb, as executrix of the estate of Andrew Tidd, filed a petition on September 13, 2018, alleging that the influenza vaccine Mr. Tidd received on September 17, 2016, caused him to suffer myocarditis and death. The respondent denied that the vaccine caused the injury. The parties filed a joint stipulation agreeing to compensation. The public decision does not describe the specific onset of symptoms, medical tests, or treatments. Special Master Christian J. Moran reviewed the stipulation and adopted it as the decision of the Court. The stipulation awarded a lump sum payment of $150,000.00, payable to petitioner as the legal representative of Andrew Tidd, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The case proceeded as a Table claim. Petitioner counsel was Jessica E. Choper of Britcher Leone, LLC, and respondent counsel was Julia M. Collison of the United States Department of Justice. The decision was filed on February 11, 2020, and entered on March 27, 2020.

Theory of causation field:
Petitioner alleged that the influenza vaccine administered on September 17, 2016, caused Andrew Tidd to suffer myocarditis and death. The case proceeded as a Table claim. The respondent denied the alleged causation. The parties submitted a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation resulted in a lump sum award of $150,000.00 for all damages. The public decision does not detail the specific mechanism of injury, expert testimony, or the specific Table category relied upon beyond stating it was a Table claim. Petitioner counsel was Jessica E. Choper, and respondent counsel was Julia M. Collison. The decision was filed February 11, 2020, and judgment entered March 27, 2020.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_18-vv-01393-0
Date issued/filed: 2020-03-27
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/11/2020) regarding 33 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (Attachments: # (1) Signed Stipulation) (hh) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-01393-UNJ Document 38 Filed 03/27/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
MARY NEWCOMB, executrix of *
the Estate of ANDREW TIDD, *
* No. 18-1393V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: February 11, 2020
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * myocarditis; death.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Jessica E. Choper, Britcher Leone, LLC, Glen Rock, NJ, for Petitioner;
Julia M. Collison, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION1
On February 11, 2020, the parties filed a joint stipulation concerning the
petition for compensation filed by Mary Newcomb, as executrix of the estate of
Andrew Tidd, on September 13, 2018. Petitioner alleged that the influenza (“flu”)
vaccine Mr. Tidd received on September 17, 2016, which is contained in the
Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer
myocarditis and death. Petitioner represents that there has been no prior award or
settlement of a civil action for damages on behalf of Mr. Tidd as a result of his
condition.
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-01393-UNJ Document 38 Filed 03/27/20 Page 2 of 2
Respondent denies that the flu vaccine caused Mr. Tidd to suffer
myocarditis, death, or any other 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:
A lump sum payment of $150,000.00 in the form of a check payable to
petitioner, as legal representative of Andrew Tidd. 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 in case 18-1393V 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