VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01472 Package ID: USCOURTS-cofc-1_18-vv-01472 Petitioner: J.P. Filed: 2018-09-25 Decided: 2020-12-29 Vaccine: Hib Vaccination date: 2016-08-09 Condition: neutropenia Outcome: compensated Award amount USD: 15000 AI-assisted case summary: Jeremy and Gina Price, as the natural parents of J.P., a minor, filed a petition on September 25, 2018, alleging that J.P. suffered from neutropenia as a result of receiving the Haemophilus influenzae type B (Hib) and pneumococcal conjugate (PCV 13) vaccines on August 9, 2016. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused J.P.'s condition. The parties reached a stipulation recommending an award of compensation, which the Special Master found reasonable and adopted as the decision of the Court. J.P. was awarded a lump sum of $15,000.00 for all damages. The parties jointly filed notice renouncing the right to seek review, and judgment was entered accordingly. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation. Petitioner counsel was Carol L. Gallagher, and respondent counsel was Julia Marter Collison. Special Master Nora Beth Dorsey issued the decision. Theory of causation field: Petitioners alleged that J.P. suffered from neutropenia as a result of receiving the Haemophilus influenzae type B (Hib) and pneumococcal conjugate (PCV 13) vaccines on August 9, 2016. Respondent denied causation. The parties reached a stipulation for compensation, and the Special Master adopted it as the decision of the Court. J.P. was awarded $15,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The decision was based on a stipulation, not on a finding of causation after litigation. Special Master Nora Beth Dorsey issued the decision on December 29, 2020. Petitioner counsel was Carol L. Gallagher, and respondent counsel was Julia Marter Collison. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01472-1 Date issued/filed: 2021-01-25 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 12/30/2020) regarding 69 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01472-UNJ Document 73 Filed 01/25/21 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: December 30, 2020 * * * * * * * * * * * * * JEREMY PRICE and GINA PRICE, * natural parents of J.P., a minor, * UNPUBLISHED * Petitioners, * No. 18-1472V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; Haemophilus AND HUMAN SERVICES, * Influenzae Type B (“Hib”) Vaccine; * Pneumococcal Conjugate (“PCV 13”) Respondent. * Vaccine; Neutropenia. * * * * * * * * * * * * * Carol L. Gallagher, Carol L. Gallagher, Esquire LLC, Somers Point, NJ, for petitioner. Julia Marter Collison, United States Department of Justice, Washington, DC, for respondent. DECISION BASED ON STIPULATION1 On September 25, 2018, Jeremy Price and Gina Price (“petitioners”), as natural parents of J.P., a minor, filed a petition in the National Vaccine Injury Program2 alleging that as a result of the Haemophilus influenzae type B (“Hib”) and pneumococcal conjugate (“PCV 13”) vaccines J.P. received on August 9, 2016, he suffers from neutropenia. Petition at 1 (ECF No. 1). On December 29, 2020, the parties filed a stipulation recommending an award of compensation to petitioner. Stipulation (ECF No. 68). Respondent denies that the Hib and/or PCV 13 vaccines caused J.P.’s neutropenia. Nevertheless, the parties agree to the joint 1 Because this Decision contains a reasoned explanation for the action in this case, the undersigned is required to post it on the United States Court of Federal Claims’ website in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the Internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. 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. §§ 300aa-10 to -34 (2012) (“Vaccine Act” or “the Act”). All citations in this Decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 1 Case 1:18-vv-01472-UNJ Document 73 Filed 01/25/21 Page 2 of 8 stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts 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) A lump sum of $15,000.00 in the form of a check payable to petitioners, as legal guardian(s)/conservator(s) of the estate of J.P. for the benefit of J.P. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation at ¶ 8. The undersigned approves 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/Nora B. Dorsey Nora B. Dorsey 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 Case 1:18-vv-01472-UNJ Document 73 Filed 01/25/21 Page 3 of 8 Case 1:18-vv-01472-UNJ Document 73 Filed 01/25/21 Page 4 of 8 Case 1:18-vv-01472-UNJ Document 73 Filed 01/25/21 Page 5 of 8 Case 1:18-vv-01472-UNJ Document 73 Filed 01/25/21 Page 6 of 8 Case 1:18-vv-01472-UNJ Document 73 Filed 01/25/21 Page 7 of 8 Case 1:18-vv-01472-UNJ Document 73 Filed 01/25/21 Page 8 of 8