VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00521
Package ID: USCOURTS-cofc-1_20-vv-00521
Petitioner: C.L.
Filed: 2020-04-28
Decided: 2023-12-22
Vaccine: HPV
Vaccination date: 2018-04-11
Condition: optic neuritis, spasm of accommodation, optic atrophy, pseudmyopia, paresthesia in the bilateral lower extremities, lower leg weakness, and fatigue
Outcome: compensated
Award amount USD: 42500

AI-assisted case summary:
On April 28, 2020, April Colon, as the parent and natural guardian of C.L., filed a petition for compensation in the National Vaccine Injury Compensation Program. The petition alleged that C.L. suffered optic neuritis, spasm of accommodation, optic atrophy, pseudomyopia, paresthesia in the bilateral lower extremities, lower leg weakness, and fatigue after receiving the HPV vaccine on April 11, 2018. The respondent denied that the HPV vaccine caused C.L. to suffer from optic neuritis or any other injury or current condition. Despite maintaining their respective positions, the parties reached a stipulation to settle the case. Special Master Thomas L. Gowen adopted the stipulation on December 22, 2023. The award consisted of $42,500.00 to purchase an annuity contract from a life insurance company, representing compensation for all damages available under the Vaccine Act. Petitioner was represented by Bruce Slane of the Law Office of Bruce W. Slane, P.C. Respondent was represented by Rachelle Bishop of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, or treatments. The specific mechanism of causation was not detailed in the public decision.

Theory of causation field:
Petitioner alleged that C.L. suffered optic neuritis, spasm of accommodation, optic atrophy, pseudomyopia, bilateral lower-extremity paresthesia, lower-leg weakness, and fatigue following an HPV vaccination on April 11, 2018. Respondent denied that the HPV vaccine caused these alleged injuries or conditions. The parties settled the case by stipulation, and Special Master Thomas L. Gowen adopted the stipulation on December 22, 2023. The award was $42,500.00 to purchase an annuity contract, representing all damages available under the Vaccine Act. The petition was filed on April 28, 2020. Petitioner's attorney was Bruce Slane of the Law Office of Bruce W. Slane, P.C. Respondent's attorney was Rachelle Bishop. The public decision does not detail the specific medical mechanism or provide expert testimony regarding causation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00521-0
Date issued/filed: 2024-02-01
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 12/22/2023) regarding 84 DECISION Stipulation/Proffer Signed by Special Master Thomas L. Gowen. (ms) Service on parties made.
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Case 1:20-vv-00521-UNJ Document 88 Filed 02/01/24 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: December 22, 2023
* * * * * * * * * * * * *
APRIL COLON, *
As parent and natural guardian of infant, *
C.L., *
*
Petitioner, * No. 20-521V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Bruce Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for petitioner.
Rachelle Bishop, US. Dept. of Justice, Washington, D.C., for respondent.
DECISION ON STIPULATION1
On April 28, 2020, April Colon (“petitioner”), as parent and natural guardian of her
infant, C.L., filed a petition for compensation in the National Vaccine Injury Compensation
Program. 2 Petition (ECF No. 1). Petitioner alleged that, as a result of receiving the HPV vaccine
on April 11, 2018, C.L. suffered from injuries including optic neuritis, spasm of accommodation,
optic atrophy, pseudmyopia, paresthesia in the bilateral lower extremities, lower leg weakness,
and fatigue. Id. at Preamble.
On December 19, 2023, respondent filed a stipulation providing that a decision should be
entered awarding compensation to petitioner. Stipulation (ECF No. 83). Respondent denies that
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.
1

Case 1:20-vv-00521-UNJ Document 88 Filed 02/01/24 Page 2 of 9
the HPV vaccine “caused C.L. to suffer from [optic neuritis] or any other injury or her current
condition.” Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties agree “that
the issues between them shall be settled” and that a decision awarding compensation shall be
entered according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7.
The stipulation provides:
1) An amount of $42,500.00 to purchase an annuity contract described in
paragraph 10 of the stipulation, paid to the life insurance company from which
the annuity will be purchased (the “Life Insurance Company”). This amount
represents compensation for all damages that will 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. Accordingly, the Clerk of Court SHALL ENTER
JUDGMENT in accordance with the terms of the stipulation and this decision.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

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