VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00535
Package ID: USCOURTS-cofc-1_19-vv-00535
Petitioner: A.B.
Filed: 2019-04-11
Decided: 2022-07-01
Vaccine: influenza
Vaccination date: 2017-09-17
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 146758.77

AI-assisted case summary:
Ashley Borders and Matthew Byler, on behalf of their minor child A.B., filed a petition on April 11, 2019, alleging that A.B. suffered from transverse myelitis as a result of receiving influenza and hepatitis B vaccinations on September 17, 2017. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused A.B.'s alleged injuries. The parties reached a stipulation for an award of compensation. The stipulation included a lump sum of $138,400.00 for first-year life care expenses and pain and suffering, payable to A.B.'s guardian(s). Additionally, a lump sum of $6,739.76 was awarded for past unreimbursable expenses, payable to the parents, Ashley Borders and Matthew Byler. A further lump sum of $1,619.01 was designated for reimbursement of a lien for services rendered, payable jointly to the parents and the Ohio Department of Health. The stipulation also provided for an amount sufficient to purchase an annuity contract. Special Master Thomas L. Gowen adopted the stipulation and awarded compensation accordingly, with judgment to be entered as per the terms of the stipulation on July 1, 2022. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. Petitioner counsel was Anne Carrion Toale, and respondent counsel was Colleen Clemons Hartley.

Theory of causation field:
Petitioners alleged that A.B. suffered from transverse myelitis as a result of receiving influenza and hepatitis B vaccinations on September 17, 2017. The respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Special Master Thomas L. Gowen. The stipulation included a lump sum for first-year life care expenses and pain and suffering, a lump sum for past unreimbursable expenses, a lump sum for reimbursement of a lien, and an amount for an annuity. The total award amount was $146,758.77 ($138,400.00 + $6,739.76 + $1,619.01 plus the annuity amount). The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that the theory of causation was unclear.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_19-vv-00535-0
Date issued/filed: 2022-07-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 6/10/2022) regarding 56 DECISION for Stipulation. Signed by Special Master Thomas L. Gowen. (slw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-00535-UNJ Document 62 Filed 07/01/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: June 10, 2022
* * * * * * * * * * * * *
ASHLEY BORDERS and *
MATTHEW BYLER, on behalf of * UNPUBLISHED
A.B., a minor child, *
*
Petitioners, * No. 19-535V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Stipulation for Award; Influenza
AND HUMAN SERVICES, * (“Flu”); Hepatitis B (“Hep B”);
* Transverse Myelitis.
Respondent. *
* * * * * * * * * * * * *
Anne Carrion Toale, Maglio Christopher and Toale, Sarasota, FL, for petitioner.
Colleen Clemons Hartley, Department of Justice, Washington, D.C., for respondent.
DECISION FOR STIPULATION1
On April 11, 2019, Ashley Borders and Matthew Byler (“petitioners”), on behalf of A.B.,
a minor child filed a petition for compensation under the National Vaccine Injury Program.2
Petitioner alleged that as a result of receiving the Influenza (“flu”) and hepatitis B (“Hep B”)
vaccinations on September 17, 2017, he suffered from transverse myelitis (“TM”) and he
suffered the residual effects of this injury for more than six months.
On June 6, 2022, respondent filed a stipulation providing that a decision should be
entered awarding compensation to petitioner. Stipulation (“Stip.”) (ECF No. 51). Respondent
denies that the Flu and Hep B vaccines caused petitioner’s alleged injuries, or any other injury or
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a
reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of
Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the
opinion will be available to anyone with access to the Internet. Before the opinion 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 opinion 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-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.A. §
300aa.

Case 1:19-vv-00535-UNJ Document 62 Filed 07/01/22 Page 2 of 2
his current condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties
now agree that the issues between them shall be settled and that a decision should be entered
awarding the compensation to the petitioner according to the terms of the stipulation attached
hereto as Appendix A. Id. at ¶ 7.
The stipulation provides:
a. A lump sum of $138,400.00, which amount represents compensation for first
year life care expenses and pain and suffering, in the form of a check payable to
petitioners as guardian(s)/conservator(s) of the estate of A.B. for the benefit of
A.B. No payments shall be made until petitioners provide respondent with
documentation establishing that they have been appointed as
guardian(s)/conservator(s) of A.B.’s estate;
b. A lump sum of $6,739.76, which amount represents compensation for past
unreimbrusable expenses, in the form of a check payable to petitioners, Ashley
Borders and Matthew Byler.
c. A lump sum of $1,619.01, which amount represents the reimbursement of a lien
for services rendered on behalf of A.B., in the form of a check payable jointly to
petitioners and
Treasurer, State of Ohio
Ohio Department of Health
Revenue Room
246 North High Street
Columbus, Ohio 43215-0278
Member #: 001402447906
Attn: Patrick Londergan
Petitioners agree to endorse this check to the Treasurer, State of Ohio.
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.
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 expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule
11(a).
2