VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00091
Package ID: USCOURTS-cofc-1_19-vv-00091
Petitioner: N.E.B.
Filed: 2019-01-17
Decided: 2020-03-31
Vaccine: Tdap
Vaccination date: 2017-09-20
Condition: epilepsy
Outcome: compensated
Award amount USD: 7500

AI-assisted case summary:
Michael and Lori Bisceglia, parents of N.E.B., a minor, filed a petition on January 17, 2019, alleging that N.E.B. suffered from epilepsy as a result of a Tetanus-diphtheria-acellular pertussis (Tdap) vaccination received on September 20, 2017. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused N.E.B.'s epilepsy or any other injury. Despite the respondent's denial, the parties reached a stipulation recommending an award of compensation. Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. N.E.B. was awarded a lump sum of $7,500.00, payable to the petitioners as legal guardian(s)/conservator(s) of the estate of N.E.B. for the benefit of N.E.B. This amount represents compensation for all damages available under the National Childhood Vaccine Injury Act. The parties agreed to waive their right to seek review, and judgment was entered accordingly. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or expert witnesses. Carol L. Gallagher represented the petitioner, and Julia M. Collison represented the respondent.

Theory of causation field:
Petitioners alleged that N.E.B. suffered from epilepsy as a result of a Tdap vaccination administered on September 20, 2017. The respondent denied that the vaccine caused the alleged injury. The parties reached a stipulation for compensation, which was approved by Special Master Nora Beth Dorsey. The public decision does not specify the theory of causation, the mechanism of injury, or any expert testimony. The award was a lump sum of $7,500.00. The decision was based on a stipulation, and judgment was entered upon waiver of the right to seek review. Attorneys involved were Carol L. Gallagher for the petitioner and Julia M. Collison for the respondent. The decision date was March 31, 2020.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_19-vv-00091-0
Date issued/filed: 2020-04-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 3/31/2020) regarding 41 DECISION Stipulation Signed by Special Master Nora Beth Dorsey. (mca) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-00091-UNJ Document 45 Filed 04/24/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: March 31, 2020
* * * * * * * * * * * * * * * * * * *
MICHAEL BISCELGIA and LORI, *
BISCELGIA, natural parents of N.E.B., * UNPUBLISHED
a minor, *
* No. 19-91V
Petitioner, *
* Special Master Dorsey
v. *
* Decision Based on Stipulation;
SECRETARY OF HEALTH * Tetanus-Diphtheria-Acellular Pertussis
AND HUMAN SERVICES, * (“Tdap”); Epilepsy.
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * *
Carol L. Gallagher, Carol L. Gallagher, Somers Point, NJ, for petitioner.
Julia M. Collison, U.S. Department of Justice, Washington, DC, for respondent.
DECISION BASED ON STIPULATION1
On January 17, 2019, Michael and Lori Bisceglia, natural father and mother, on behalf of
N.E.B., a minor (“petitioners”), filed a petition in the National Vaccine Injury Compensation
Program.2 Petitioners alleged that as a result of the Tetanus-diphtheria-acellular pertussis
(“Tdap”) vaccination administered to N.E.B. on September 20, 2017, N.E.B. suffered from
epilepsy. Petition at 1.
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 1:19-vv-00091-UNJ Document 45 Filed 04/24/20 Page 2 of 7
On March 31, 2020, the parties filed a stipulation recommending an award of
compensation to petitioners. Stipulation (ECF No. 40). Respondent denies that the Tdap
vaccine administered on September 20, 2017 caused N.E.B.’s epilepsy, or any other injury.
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:
(1) A lump sum of $7,500.00 in the form of a check payable to petitioners, as legal
guardian(s)/conservator(s) of the estate of N.E.B. for the benefit of N.E.B.
These amounts represent compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
The undersigned approves the requested amount for petitioners’ 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 1:19-vv-00091-UNJ Document 45 Filed 04/24/20 Page 3 of 7

Case 1:19-vv-00091-UNJ Document 45 Filed 04/24/20 Page 4 of 7

Case 1:19-vv-00091-UNJ Document 45 Filed 04/24/20 Page 5 of 7

Case 1:19-vv-00091-UNJ Document 45 Filed 04/24/20 Page 6 of 7

Case 1:19-vv-00091-UNJ Document 45 Filed 04/24/20 Page 7 of 7