VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00179
Package ID: USCOURTS-cofc-1_19-vv-00179
Petitioner: Teresa Leon
Filed: 2019-01-31
Decided: 2024-02-29
Vaccine: hepatitis A
Vaccination date: 2017-11-03
Condition: neuromyelitis optica and/or transverse myelitis
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Teresa Leon filed a petition for compensation under the National Vaccine Injury Compensation Program on January 31, 2019, alleging that she suffered neuromyelitis optica and/or transverse myelitis as a result of receiving a hepatitis A vaccine on November 3, 2017. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused petitioner's alleged injuries or current condition. Despite maintaining their respective positions, the parties reached a stipulation to settle the case. The stipulation provided for a lump sum award of $75,000.00, payable to petitioner, to compensate for all damages available under 42 U.S.C. § 300aa-15(a). Special Master Thomas L. Gowen adopted the stipulation and awarded compensation accordingly. The decision was filed on February 29, 2024. The public decision does not describe the petitioner's counsel, respondent's counsel, the specific onset of symptoms, medical history, diagnostic tests, treatments, or expert witnesses. The decision was posted to a publicly available website as required by the E-Government Act of 2002.

Theory of causation field:
Petitioner Teresa Leon alleged that a hepatitis A vaccine administered on November 3, 2017, caused her to suffer neuromyelitis optica and/or transverse myelitis. The respondent denied causation. The parties reached a stipulation for settlement, agreeing to an award of $75,000.00. The Special Master adopted the stipulation. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The case was resolved via stipulation on January 5, 2024, with the decision filed on February 29, 2024, by Special Master Thomas L. Gowen. Petitioner was represented by Jeffrey S. Pop & Associates, and respondent was represented by the Department of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00179-0
Date issued/filed: 2024-02-29
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/05/2024) regarding 58 DECISION Stipulation/Proffer, Signed by Special Master Thomas L. Gowen. (hs) Service on parties made.
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Case 1:19-vv-00179-UNJ Document 62 Filed 02/29/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: January 5, 2024
* * * * * * * * * * * * *
TERESA LEON, *
*
Petitioner, * No. 19-179
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Gabrielle M. Fielding, Department of Justice, Washington, D.C., for respondent.
DECISION ON STIPULATION1
On January 31, 2019, Teresa Leon (“petitioner”), filed a petition for compensation under the
National Vaccine Injury Compensation Program.2 (Petition) (ECF No. 1). Petitioner alleged that as a
result of receiving a hepatitis A vaccine on November 3, 2017, she suffered neuromyelitis optica and/or
transverse myelitis. Id.
On January 5, 2024, respondent filed a stipulation stating that a decision should be entered
awarding compensation to petitioner. Stipulation (ECF No. 57). Respondent denies that the hepatitis A
vaccine caused petitioner’s alleged injuries or her current condition. Id. at ¶ 6. Nevertheless,
maintaining their respective positions, the parties nevertheless now agree that the issues between shall be
settled and that a decision should be entered awarding petitioner compensation according to the terms of
the stipulation attached here to as Appendix A. Id. at ¶ 7.
The stipulation provides:
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision contains a reasoned
explanation for the action in this case, I am required to post it to a publicly available website. This decision will appear at
https://www.govinfo.gov/app/collection/uscourts/national/cofc or on the Court of Federal Claims website. This means the
decision will be available to anyone with access to the Internet. Before the decision is posted on the court’s website, each
party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret
or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar
files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An
objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion
for redaction within 14 days, the decision will be posted on the court’s website without any changes. Id.
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) (hereinafter “Vaccine
Act” or “the Act”). Hereinafter, individual section references will be to 42 U.S.C. § 300aa of the Act.

Case 1:19-vv-00179-UNJ Document 62 Filed 02/29/24 Page 2 of 7
a) A lump sum of $75,000.00 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).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the
terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in accordance with the
terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment is expediated by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a).
2

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