VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01159
Package ID: USCOURTS-cofc-1_21-vv-01159
Petitioner: Barry Taerbaum
Filed: 2021-04-06
Decided: 2022-04-18
Vaccine: Twinrix
Vaccination date: 2019-01-23
Condition: acute liver cell injury and/or autoimmune hepatitis
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Barry Taerbaum filed a petition for compensation on April 6, 2021, alleging that the Twinrix vaccine (hepatitis A and B) he received on January 23, 2019, caused him to suffer an acute liver cell injury and/or autoimmune hepatitis. Mr. Taerbaum further alleged that he experienced residual effects from this injury for more than six months and that there had been no prior award or settlement for damages related to his condition. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr. Taerbaum's condition. The parties, represented by Edward M. Kraus for the petitioner and Katherine C. Esposito for the respondent, reached a joint stipulation. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Mr. Taerbaum a lump sum payment of $60,000.00, payable by check to the petitioner, as compensation for all damages. The public decision does not describe the specific onset of symptoms, clinical details of the injury, diagnostic tests, treatments, or expert witnesses. The clerk was directed to enter judgment according to the decision and the stipulation, unless a motion for review was filed.

Theory of causation field:
Petitioner Barry Taerbaum alleged that the Twinrix vaccine (hepatitis A and B) administered on January 23, 2019, caused acute liver cell injury and/or autoimmune hepatitis, with residual effects lasting over six months. The Twinrix vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties reached a stipulation, adopted by Special Master Christian J. Moran on March 22, 2022, awarding petitioner $60,000.00 as compensation for all damages. The public text does not specify the mechanism of injury, expert testimony, or detailed medical evidence supporting the petitioner's claim, but the stipulation implies an acceptance of the Table-related theory or a compromise settlement. Attorneys involved were Edward M. Kraus for the petitioner and Katherine C. Esposito for the respondent.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01159-0
Date issued/filed: 2022-04-18
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 3/24/2022) regarding 31 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (amb) Service on parties made.
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Case 1:21-vv-01159-UNJ Document 35 Filed 04/18/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
BARRY TAERBAUM, * No. 21-1159V
* Special Master Christian J. Moran
Petitioner, *
* Filed: March 24, 2022
v. *
* Stipulation; Twinrix vaccine; hepatitis
SECRETARY OF HEALTH * A and B vaccine; acute liver cell
AND HUMAN SERVICES, * injury; autoimmune hepatitis
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner;
Katherine C. Esposito, U.S. Dep’t of Justice, Washington, DC, for respondent.
UNPUBLISHED DECISION1
On March 22, 2022, the parties filed a joint stipulation concerning the
petition for compensation filed by Barry Taerbaum on April 6, 2021. Petitioner
alleged that the Twinrix (hepatitis A and B) vaccine he received on January 23,
2019, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R.
§100.3(a), caused him to suffer an acute liver cell injury and/or autoimmune
hepatitis. Petitioner further alleges that he suffered the residual effects of this
injury for more than six months. Petitioner represents that there has been no prior
award or settlement of a civil action for damages on his behalf as a result of his
condition.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal
Management and Promotion of Electronic Government Services), requires that the
Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties
have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by
the special master will appear in the document posted on the website.

Case 1:21-vv-01159-UNJ Document 35 Filed 04/18/22 Page 2 of 2
Respondent denies that the vaccine either caused petitioner to suffer from an
acute liver cell injury, autoimmune hepatitis, any other injury, or his current
condition.
Nevertheless, the parties agree to the joint stipulation, attached hereto. The
undersigned finds said stipulation reasonable and adopts it as the decision of the
Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum payment of $60,000.00 in the form of a check payable to
petitioner. This amount represents compensation for all damages that would
be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment according to this decision and the attached
stipulation.2
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment
by each party filing a notice renouncing the right to seek review by a United States
Court of Federal Claims judge.
2