VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01685
Package ID: USCOURTS-cofc-1_18-vv-01685
Petitioner: Carol Constantine
Filed: 2018-11-01
Decided: 2021-12-14
Vaccine: MMR
Vaccination date: 2015-12-01
Condition: pityriasis lichenoides
Outcome: compensated
Award amount USD: 105500

AI-assisted case summary:
Carol Constantine filed a petition on November 1, 2018, alleging that she developed pityriasis lichenoides as a result of receiving a Measles, Mumps, and Rubella (MMR) vaccine on December 1, 2015. The respondent, the Secretary of Health and Human Services, denied that petitioner sustained a dermatological or any other injury as a result of the vaccination. Despite the denial, the parties filed a stipulation on December 14, 2021, recommending an award of compensation to the petitioner. Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court. As per the stipulation, Carol Constantine was awarded $105,500.00 in compensation, representing all damages available under 42 U.S.C. § 300aa-15(a). The award was to be paid as a lump sum via check payable to the petitioner. Judgment was to be entered in accordance with the terms of the stipulation, with an expedited entry due to the parties jointly renouncing the right to seek review. The public decision does not describe the petitioner's counsel, respondent's counsel, the specific onset of symptoms, medical tests, treatments, or any expert testimony.

Theory of causation field:
Petitioner Carol Constantine alleged that she developed pityriasis lichenoides as a result of an MMR vaccine received on December 1, 2015. The respondent denied causation. The parties filed a stipulation for compensation, which was adopted by Special Master Nora Beth Dorsey. The stipulation recommended an award of $105,500.00 for all damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injury. The outcome was a compensated stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01685-0
Date issued/filed: 2022-01-10
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/14/2021) regarding 82 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mca) Service on parties made.
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Case 1:18-vv-01685-UNJ Document 88 Filed 01/10/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: December 14, 2021
* * * * * * * * * * * * * * *
CAROL CONSTANTINE, * UNPUBLISHED
*
Petitioner, * No. 18-1685V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation;
AND HUMAN SERVICES, * Measles, Mumps, and Rubella (“MMR”)
* Vaccine; Pityriasis Lichenoides.
Respondent. *
*
* * * * * * * * * * * * * * *
Andrew D. Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Julian Collison, U.S. Department of Justice, Washington, DC, for respondent.
DECISION BASED ON STIPULATION1
On November 1, 2018, Carol Constantine (“petitioner”) filed a petition in the National
Vaccine Injury Compensation Program.2 Petitioner alleged that as a result of a Measles, Mumps,
and Rubella (“MMR”) vaccine on December 1, 2015, she developed pityriasis lichenoides.
Petition at 1 (ECF No. 1).
On December 14, 2021, the parties filed a stipulation recommending an award of
compensation to petitioner. Stipulation (ECF No. 81). Respondent denies that petitioner
sustained a dermatological, or any other injury as a result of MMR vaccination. Id. at ¶ 6.
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-01685-UNJ Document 88 Filed 01/10/22 Page 2 of 7
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 $105,500.00 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.
2

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