VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01929
Package ID: USCOURTS-cofc-1_19-vv-01929
Petitioner: HALEY TYLKOWSKI for herself and as best friend and next of kin to OWT, deceased, and ESTATE OF OWT, by and through his parent Haley Tylkowski
Filed: 2019-12-19
Decided: 2021-07-20
Vaccine: Tdap
Vaccination date: 2016-12-19
Condition: severe hypoxic event leading to profound disability and death
Outcome: dismissed
Award amount USD: 

AI-assisted case summary:
Haley Tylkowski, as the mother and next of kin to her deceased son OWT, and on behalf of his estate, filed a petition alleging that the Tdap vaccine she received on December 19 or 28, 2016, while pregnant, caused her to experience a seizure and unconsciousness during delivery. This event allegedly led to OWT suffering a severe hypoxic event, resulting in profound disability and his death on January 13, 2018. The parties subsequently filed a joint stipulation of dismissal, agreeing to voluntarily dismiss the action. Pursuant to Vaccine Rule 21(a)(3), the Special Master issued an Order Concluding Proceedings, and the case was dismissed. No judgment was entered.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01929-0
Date issued/filed: 2021-07-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/24/2021) regarding 48 Order Concluding Proceedings. Signed by Special Master Christian J. Moran. (hh) Service on parties made.
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Case 1:19-vv-01929-UNJ Document 49 Filed 07/20/21 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
HALEY TYLKOWSKI for herself *
and as best friend and next of kin to *
OWT, deceased, and ESTATE OF * No. 19-1929V
OWT, by and through his parent * Special Master Christian J. Moran
Haley Tylkowski, *
*
*
Petitioners, *
* Filed: June 24, 2021
v. *
*
SECRETARY OF HEALTH * Joint stipulation of dismissal; order
AND HUMAN SERVICES, * concluding proceedings.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Richard A. Shallcross, Richard A. Shallcross & Associates, PLLC, Tulsa, OK, for
petitioners;
Lynn C. Schlie, United States Dep’t of Justice, Washington, D.C., for respondent.
ORDER CONCLUDING PROCEEDINGS
On December 19, 2019, petitioners filed a petition under the National
Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 to -34, as amended, alleging
that the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine Haley Tylkowski
received on December 19, 2016, or December 28, 2016, while pregnant with
OWT, caused Ms. Tylkowski to experience a seizure and unconsciousness during
delivery of OWT, further causing OWT to suffer a severe hypoxic event, leaving
him “profoundly disabled” and ultimately leading to his death on January 13, 2018.
See Pet. at 1-2.
On June 23, 2021, the parties filed a joint stipulation of dismissal (filed in
CM/ECF as a “joint motion to voluntarily dismiss pursuant to Vaccine Rule 21(a))
stating, “The parties hereby stipulate pursuant to Vaccine Rule 21(a)(1)(B) that this

Case 1:19-vv-01929-UNJ Document 49 Filed 07/20/21 Page 2 of 2
action shall be dismissed, and that a Rule 21(a)(3) ‘Order Concluding Proceedings’
should be issued by the Special Master.” J. Stip. ¶ 3.
Under Vaccine Rule 21(a)(1), petitioners may engage in a voluntary
dismissal by filing a stipulation of dismissal which all parties have signed, which
the parties here have done.
Under Vaccine Rule 21(a)(3), the result of this voluntary dismissal is an
Order Concluding Proceedings. No judgment will enter pursuant to Vaccine Rule
11 for purposes of 42 U.S.C. § 300aa-21(a).
Thus, this case is DISMISSED. The Clerk is directed to remove this
case from the docket of the undersigned.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2