VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01152
Package ID: USCOURTS-cofc-1_20-vv-01152
Petitioner: Sidney Lenox
Filed: 2020-09-04
Decided: 2022-01-04
Vaccine: influenza
Vaccination date: 2018-09-07
Condition: acute disseminated encephalomyelitis (ADEM)
Outcome: compensated
Award amount USD: 130000

AI-assisted case summary:
On September 4, 2020, Sidney Lenox filed a petition for compensation under the National Vaccine Injury Compensation Program. Mr. Lenox alleged that he developed acute disseminated encephalomyelitis (ADEM) after receiving the influenza and tetanus, diphtheria, acellular pertussis (Tdap) vaccines on September 7, 2018. The respondent denied that the immunizations caused Mr. Lenox's injury. The parties reached a joint stipulation to settle the case. As part of the stipulation, the respondent agreed to issue a lump sum payment of $130,000.00, payable to Sidney Lenox, as compensation for all damages available under the program. Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation in the amount and on the terms set forth therein. The decision was issued on January 4, 2022. Katy E. Tompkins, Esq. represented the petitioner, and Terrence Mangan, Jr., Esq. represented the respondent. The public decision does not describe the specific onset of symptoms, clinical details, medical tests, treatments, or expert witnesses. The theory of causation is not detailed in the public decision.

Theory of causation field:
Petitioner Sidney Lenox alleged development of acute disseminated encephalomyelitis (ADEM) following vaccination with influenza and Tdap vaccines on September 7, 2018. Respondent denied causation. The parties reached a joint stipulation to settle the case, and Special Master Mindy Michaels Roth adopted the stipulation. Petitioner was awarded $130,000.00 as a lump sum for all damages. The public decision does not specify the theory of causation, the mechanism of injury, or any expert testimony. The decision was issued January 4, 2022, following a petition filed September 4, 2020. Attorneys for petitioner were Katy E. Tompkins, Esq., and for respondent was Terrence Mangan, Jr., Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01152-0
Date issued/filed: 2022-01-04
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/07/2021) regarding 33 DECISION Stipulation. Signed by Special Master Mindy Michaels Roth. (msg) Service on parties made.
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Case 1:20-vv-01152-UNJ Document 34 Filed 01/04/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1152V
Filed: December 7, 2021
* * * * * * * * * * * * *
SIDNEY LENOX, * UNPUBLISHED
*
Petitioner, * Decision on Joint Stipulation;
* Influenza (“flu”) Vaccine;
* Tetanus, diptheria, acellular
* pertussis (“Tdap”) Vaccine;
v. * Acute Disseminated
* Encephalomyelitis (“ADEM”).
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Katy E. Tompkins, Esq., McDonald Tinker PA, Wichita, KS, for petitioner.
Terrence Mangan, Jr., Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On September 4, 2020, Sidney Lenox [“Mr. Lenox” or “petitioner”] filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
he developed acute disseminated encephalomyelitis (“ADEM”) after receiving the influenza
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision
will be available to anyone with access to the internet. 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 whole Decision will be available to the public. Id.
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
(2012).
1

Case 1:20-vv-01152-UNJ Document 34 Filed 01/04/22 Page 2 of 7
(“flu”) and tetanus, diptheria, acellular pertussis (“Tdap”) vaccines on September 7, 2018.
Stipulation, filed December 7, 2021, at ¶¶ 1-4. Respondent denies that any of the aforementioned
immunizations caused petitioner’s injury. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On December 7, 2021, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
A lump sum of $130,000.00 in the form of a check payable to petitioner, Sidney
Lenox. This amount represents 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
Special Master
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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