VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01627 Package ID: USCOURTS-cofc-1_18-vv-01627 Petitioner: William Lederer Filed: 2018-10-22 Decided: 2022-02-08 Vaccine: Tdap Vaccination date: 2016-06-24 Condition: double vision and trochlear (forth) nerve palsy Outcome: compensated Award amount USD: 47500 AI-assisted case summary: William Lederer filed a petition on October 22, 2018, alleging that a Tdap vaccine administered on June 24, 2016, caused him to develop double vision and trochlear (forth) nerve palsy. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged injuries or any other injury. Despite the denial, the parties reached a stipulation recommending an award of compensation. Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court. As per the stipulation, William Lederer was awarded a lump sum of $47,500.00, payable by check to petitioner, as compensation for all damages available under the National Vaccine Injury Compensation Program. The parties waived their right to seek review, and judgment was entered accordingly. The decision was filed on February 8, 2022. Theory of causation field: Petitioner William Lederer alleged that a Tdap vaccine received on June 24, 2016, caused him to develop double vision and trochlear (forth) nerve palsy. The respondent denied causation. The parties stipulated to an award of $47,500.00. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, diagnostic tests, or treatments. Special Master Nora Beth Dorsey adopted the stipulation, and judgment was entered on February 8, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01627-0 Date issued/filed: 2022-03-07 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 2/8/2022) regarding 68 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mca) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01627-UNJ Document 72 Filed 03/07/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: February 8, 2022 * * * * * * * * * * * * * * * WILLIAM LEDERER, * UNPUBLISHED * Petitioner, * No. 18-1627V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; AND HUMAN SERVICES, * Tetanus-Diphtheria-Acellular * Pertussis (“Tdap”) Vaccine; Respondent. * Double Vision and Trochlear Nerve * Palsy. * * * * * * * * * * * * * * * Sylvia Chin-Caplan, Law Office of Sylvia Chin-Caplan, LLC, Boston, MA, for petitioner. Adriana Tietel, U.S. Department of Justice, Washington, DC, for respondent. DECISION BASED ON STIPULATION1 On October 22, 2018, William Lederer (“petitioner”) filed a petition in the National Vaccine Injury Compensation Program.2 Petitioner alleged that as a result of a tetanus- diphtheria-acellular pertussis (“Tdap”) vaccine on June 24, 2016, he developed double vision and trochlear (forth) nerve palsy. Petition at 1 (ECF No. 1). On February 8, 2022, the parties filed a stipulation recommending an award of compensation to petitioner. Stipulation (ECF No. 67). Respondent denies that the Tdap vaccine caused petitioner to suffer from double vision or trochlear nerve palsy, and further denies that the 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-1 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. § 300aa. 1 Case 1:18-vv-01627-UNJ Document 72 Filed 03/07/22 Page 2 of 7 Tdap vaccine caused petitioner to suffer from any other injury or his current condition. Id. at ¶ 6. Nevertheless, the parties agree to the joint 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: A lump sum of $47,500.00 in the form of a check payable to petitioner. 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 Beth Dorsey Nora Beth 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. Case 1:18-vv-01627-UNJ Document 72 Filed 03/07/22 Page 3 of 7 Case 1:18-vv-01627-UNJ Document 72 Filed 03/07/22 Page 4 of 7 Case 1:18-vv-01627-UNJ Document 72 Filed 03/07/22 Page 5 of 7 Case 1:18-vv-01627-UNJ Document 72 Filed 03/07/22 Page 6 of 7 Case 1:18-vv-01627-UNJ Document 72 Filed 03/07/22 Page 7 of 7