VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00263
Package ID: USCOURTS-cofc-1_19-vv-00263
Petitioner: Jack Rytel
Filed: 2019-02-15
Decided: 2024-04-30
Vaccine: Tdap
Vaccination date: 2017-02-07
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 366487

AI-assisted case summary:
Jack Rytel, initially represented by his mother Jenifer Rytel, filed a petition for compensation under the National Vaccine Injury Compensation Program on February 15, 2019. The petition alleged that Jack Rytel developed transverse myelitis (TM) after receiving a tetanus-diphtheria-acellular-pertussis (Tdap) vaccine on February 7, 2017. As Jack Rytel reached the age of majority, the case caption was amended on October 31, 2022, to name him as the petitioner. The respondent, the Secretary of Health and Human Services, denied that the Tdap immunization caused the alleged injury. Despite the respondent's denial, the parties reached a joint stipulation to settle the case. The settlement terms, adopted by Special Master Mindy Michaels Roth, include a lump sum of $242,643.85 for first-year life care expenses and pain and suffering, payable to Jack Rytel. Additionally, the settlement provides for reimbursement of a $3,839.14 lien from the Oregon Department of Human Services and a $110,000.00 lien from CareOregon. The parties also agreed to an amount sufficient to purchase an annuity contract. The total compensation awarded through this stipulation amounts to $366,487.00, covering all damages available under the program. The clerk of the court was directed to enter judgment accordingly. Ronald Homer, Esq., represented the petitioner, and Kimberly Davey, Esq., represented the respondent.

Theory of causation field:
Petitioner Jack Rytel alleged that he developed transverse myelitis (TM) after receiving a Tdap vaccine on February 7, 2017. The respondent denied that the immunization caused the injury. The parties reached a joint stipulation to settle the case, with Special Master Mindy Michaels Roth adopting the stipulation. The settlement includes a lump sum of $242,643.85 for first-year life care expenses and pain and suffering, reimbursement of $3,839.14 for an Oregon Department of Human Services lien, and $110,000.00 for a CareOregon lien. An additional amount was allocated for an annuity contract, bringing the total award to $366,487.00. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00263-0
Date issued/filed: 2024-04-30
Pages: 13
Docket text: PUBLIC DECISION (Originally filed: 04/05/2024) regarding 105 DECISION Stipulation. Signed by Special Master Mindy Michaels Roth. (dkj) Service on parties made.
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Case 1:19-vv-00263-UNJ Document 109 Filed 04/30/24 Page 1 of 13
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-263V
Filed: April 5, 2024
* * * * * * * * * * * * *
JACK RYTEL *
*
Petitioner, *
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Ronald Homer, Esq., Conway, Homer, P.C., Boston, MA, for petitioner.
Kimberly Davey, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On February 15, 2019, Jenifer Rytel filed a petition for compensation under the National
Vaccine Injury Compensation Program2 on behalf of her minor son. Pet., ECF No. 1. On October
31, 2022, a motion to amend the case caption was filed to name Jack Rytel (“petitioner”) as the
petitioner in this matter, as he had reached the age of majority. ECF No. 84. Petitioner alleges that
he developed transverse myelitis (“TM”) after receiving a tetanus-diphtheria-acellular-pertussis
(“Tdap”) vaccine on February 7, 2017. Stipulation, filed April 5, 2024, at ¶¶ 1-4. Respondent
denies that the aforementioned immunization caused petitioner’s injury. Stipulation at ¶ 6.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (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, I agree that
the identified material fits within this definition, I will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2018).
1

Case 1:19-vv-00263-UNJ Document 109 Filed 04/30/24 Page 2 of 13
Nevertheless, the parties have agreed to settle the case. On April 5, 2024, the parties filed
a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
a. A lump sum of $242,643.85, representing compensation for first year life care
expenses and pain and suffering, in the form of a check payable to petitioner,
Jack Rytel;
b. A lump sum of $3,839.14, representing reimbursement of an Oregon
Department of Human Services lien for services rendered on behalf of
petitioner, Jack Rytel, in the form of a check payable jointly to petitioner
and
Oregon Department of Human Services
Personal Injury Liens Unit
PO Box 14512
Salem, OR 97309-5024
PIL No.: 497405
Attn: Shane Provost
c. A lump sum of $110,000.00, representing reimbursement of a CareOregon
lien for services rendered on behalf of petitioner, Jack Rytel, in the form of a
check payable jointly to petitioner and
EXL Health
111 Ryan Court, Suite 300
Pittsburgh, PA 15205
Contract No.: MEMB00000638481
Attn: Sarah Turney
d. An amount sufficient to purchase the annuity contract described in
paragraph 10 of the stipulation, paid to the life insurance company from which
the annuity will be purchased.
These amounts represent compensation for all damages that would be available under §
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 is directed to enter judgment in accordance
with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

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Special Master
3

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