VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00957
Package ID: USCOURTS-cofc-1_21-vv-00957
Petitioner: Isaiah Jacobs
Filed: 2021-02-19
Decided: 2024-01-02
Vaccine: Tdap
Vaccination date: 2019-09-18
Condition: optic neuritis and/or myelin oligodendrocyte glycoprotein antibody disease (MOGAD)
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
On February 19, 2021, Isaiah Jacobs filed a petition seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that he suffered from optic neuritis and/or myelin oligodendrocyte glycoprotein antibody disease (MOGAD) caused by either the Tdap or influenza vaccines received on September 18, 2019. Petitioner further alleged that these conditions resulted in residual effects lasting more than six months. The respondent denied that the vaccines caused Petitioner's conditions or that his current condition was a sequela of a vaccine-related injury. Despite maintaining their positions, both parties agreed to settle the case through a stipulation filed on December 5, 2023. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision of the court. The stipulation awarded Isaiah Jacobs a lump sum of $90,000.00, payable by check, as compensation for all damages. The court approved this award and directed that judgment be entered. Maximillian J. Muller of Muller Brazil, LLP represented the Petitioner, and Joseph A. Lewis of the U.S. Department of Justice represented the Respondent. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Isaiah Jacobs alleged that the Tdap or influenza vaccines received on September 18, 2019, caused optic neuritis and/or myelin oligodendrocyte glycoprotein antibody disease (MOGAD), with residual effects lasting more than six months. The respondent denied causation. The parties settled the case via stipulation, agreeing to an award of $90,000.00. The Special Master adopted the stipulation as the decision. The public text does not specify the theory of causation, name any experts, or detail the medical evidence or reasoning behind the settlement. The case was settled as an "Off-Table" condition. The decision was issued by Chief Special Master Brian H. Corcoran on January 2, 2024. Petitioner counsel was Maximillian J. Muller, and respondent counsel was Joseph A. Lewis.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00957-0
Date issued/filed: 2024-01-02
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 12/05/2023) regarding 50 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (mva) Service on parties made.
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Case 1:21-vv-00957-UNJ Document 54 Filed 01/02/24 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-957V
* * * * * * * * * * * * * * * * * * * * * * * * *
*
ISAIAH JACOBS, * Chief Special Master Corcoran
*
Petitioner, * Filed: December 5, 2023
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Drescher, PA, for Petitioner.
Joseph A. Lewis, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On February 19, 2021, Isaiah Jacobs filed a petition seeking compensation under the
National Vaccine Injury Compensation Program (the “Vaccine Program”).2 Petitioner alleges that
he suffered from optic neuritis and/or myelin oligodendrocyte glycoprotein antibody disease
(“MOGAD”) that were caused-in-fact by either the tetanus, diphtheria, and pertussis (“Tdap”) or
influenza (“flu”) vaccines he received on September 18, 2019. Moreover, Petitioner alleges that
he experienced residual effects of these conditions for more than six months.
Respondent denies that the Tdap or flu vaccines caused Petitioner to suffer optic neuritis
and/or MOGAD, or any other injury or condition. Respondent also denies that Petitioner’s current
condition is a sequela of a vaccine-related injury. Nonetheless both parties, while maintaining their
1
Under Vaccine Rule 18(b), each party has fourteen (14) 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
in its present form. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”).
Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix).

Case 1:21-vv-00957-UNJ Document 54 Filed 01/02/24 Page 2 of 8
above-stated positions, agreed in a stipulation (filed on December 5, 2023) that the issues before
them could be settled, and that a decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
(as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the
terms set forth therein.
The stipulation awards:
• A lump sum of $90,000.00 in the form of a check payable to Petitioner.
Stipulation ¶ 8. This amount represents compensation for all damages that would be available
under Section 15(a) of the Act.
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the Court is directed to enter judgment herewith.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.

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