VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00228
Package ID: USCOURTS-cofc-1_19-vv-00228
Petitioner: Christal Dolan
Filed: 2019-02-08
Decided: 2023-05-01
Vaccine: Tdap
Vaccination date: 2018-03-23
Condition: chronic inflammatory demyelinating polyneuropathy (CIDP)
Outcome: compensated
Award amount USD: 174559

AI-assisted case summary:
Christal Dolan filed a petition on February 8, 2019, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered from chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of the varicella, Tdap, and/or MMR vaccines she received. Specifically, she received the varicella and Tdap vaccines on March 23, 2018, and the MMR vaccine on April 21, 2018. The respondent denied that the Tdap vaccine caused Ms. Dolan's CIDP or any other injury. Despite maintaining their positions, both parties agreed to settle the case. The court reviewed the file and adopted the parties' stipulation as its decision. The stipulation awarded Ms. Dolan a lump sum of $174,559.49, which included compensation for first-year life care expenses and combined lost earnings, pain and suffering, and past expenses. The remainder of the damages will be paid in the form of an annuity contract. The court approved the award and directed that judgment be entered.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00228-0
Date issued/filed: 2023-05-01
Pages: 10
Docket text: PUBLIC DECISION (Originally filed: 4/11/2023) regarding 85 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made.
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Case 1:19-vv-00228-UNJ Document 89 Filed 05/01/23 Page 1 of 10
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-228V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * *
*
*
CHRISTAL DOLAN,
*
* Filed: April 11, 2023
Petitioner, *
*
*
v. * Decision by Stipulation; Damages;
* Tetanus, Diphtheria, and Acellular
SECRETARY OF HEALTH AND * Pertussis (“Tdap”) Vaccine; Chronic
HUMAN SERVICES, * Inflammatory Demyelinating
*
* Polyneuropathy (“CIDP”).
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * *
Anne Toale, Maglio Christopher and Toale, Sarasota, FL, for Petitioner
Colleen Hartley, U.S. Department of Justice, Washington, DC, for Respondent
DECISION ON JOINT STIPULATION1
On February 8, 2019, Christal Dolan (“Petitioner”) filed a petition, seeking compensation
under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF
No. 1. Petitioner alleges she suffered from chronic inflammatory demyelinating polyneuropathy
(“CIDP”) as a result of the varicella, Tdap, and/or MMR vaccines she received. Id. at 1, 4. She
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted
on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. §
3501 (2012). This means the Decision will be available to anyone with access to the internet. As
provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of
certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen
days within which to request 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). Otherwise, the Decision in its present form will be available. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter
“Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the
pertinent subparagraph of 42 U.S.C. § 300aa.

Case 1:19-vv-00228-UNJ Document 89 Filed 05/01/23 Page 2 of 10
received the varicella and Tdap vaccines on March 23, 2018 and the MMR vaccine on April 21,
2018.3 See Stipulation ¶ 2 dated April 11, 2023 (ECF No. 84); see also Pet. at 1.
Respondent denies “that the Tdap vaccine caused petitioner to suffer from CIDP, Guillain
Barr[é] Syndrome (“GBS”), or any other injury or her current position.” See Stipulation ¶ 6.
Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation
filed April 11, 2023 that the issues before them can be settled and that a decision should be entered
awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth
therein.
The stipulation awards:
1. A Lump Sum
A lump sum of $174,559.49, which amount represents compensation for first year life care
expenses ($9,051.25) and combined lost earnings, pain and suffering, and past expenses
($165,508.24), in the form of a check payable to petitioner; and
2. An Annuity
The remainder of damages shall be paid in the form of an annuity contract, which shall be
purchased as soon as practicable after entry of judgment. Accordingly, pursuant to 42 U.S.C. §
300aa-15(f)(4), I order Respondent to purchase, and take ownership of, an annuity contract as
described below:
Each Life Insurance Company must meet the following criteria:
1. Have a minimum of $250,000,000 of capital and surplus, exclusive of any mandatory
security valuation reserve; and
2. have one of the following ratings from two of the following rating organizations:
a) A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b) Moody’s Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c) Standard and Poor’s Corporation Insurer Claims-Paying Ability Rating: AA-, AA,
AA+, or AAA;
d) Fitch Credit Rating Company, Insurance Company Claims-Paying Ability Rating:
AA-, AA, AA+, or AAA.
The Secretary of Health and Human Services shall purchase an annuity contract from the Life
3 The stipulation “does not provide compensation for any alleged injuries related to the varicella vaccination
administered on March 23, 2018, or the MMR vaccination administered on April 21, 2018.” Stipulation,
fn. 1 (ECF No. 84).

Case 1:19-vv-00228-UNJ Document 89 Filed 05/01/23 Page 3 of 10
Insurance Company for the benefit of Christal Dolan, pursuant to which the Life Insurance
Company will agree to make payments periodically to Christal Dolan as described in paragraph
10 of the attached Stipulation. This award represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
the Court is directed to enter judgment herewith.4
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master
4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice
renouncing their right to seek review.

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