VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01613 Package ID: USCOURTS-cofc-1_21-vv-01613 Petitioner: Morgan Smith Filed: 2021-07-26 Decided: 2025-06-09 Vaccine: Tdap Vaccination date: 2019-05-20 Condition: neuromyelitis optica Outcome: compensated Award amount USD: 175000 AI-assisted case summary: On July 26, 2021, Morgan Smith filed a claim in the National Vaccine Injury Compensation Program, alleging that the tetanus, diphtheria, and acellular pertussis (Tdap) vaccine administered on May 20, 2019, caused her to develop neuromyelitis optica (NMO). The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused petitioner's alleged NMO or any other injury. Despite maintaining their respective positions, the parties reached a stipulation for settlement. Special Master Thomas L. Gowen adopted the stipulation, awarding compensation to Morgan Smith. The award includes a lump sum of $150,000.00 for pain and suffering, to be paid via ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement. Additionally, $25,000.00 is allocated to purchase an annuity contract. The total compensation awarded is $175,000.00, covering all damages available under the National Vaccine Injury Compensation Program. The decision was filed on June 9, 2025. Petitioner was represented by Elizabeth K. Abramson of Mctlaw, and respondent was represented by Parisa Tabassian of the Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the specific mechanism by which the vaccine allegedly caused the NMO. The public decision also does not name any medical experts. Theory of causation field: Petitioner Morgan Smith alleged that the Tdap vaccine received on May 20, 2019, caused her to suffer neuromyelitis optica (NMO). The respondent denied causation. The parties reached a stipulation for settlement, and Special Master Thomas L. Gowen adopted the stipulation, awarding compensation. The award consists of a $150,000 lump sum for pain and suffering and $25,000 to purchase an annuity, totaling $175,000. The public decision does not detail the specific theory of causation, medical experts, or the mechanism linking the Tdap vaccine to NMO. The decision was filed on June 9, 2025, with petitioner represented by Elizabeth K. Abramson and respondent by Parisa Tabassian. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01613-0 Date issued/filed: 2025-08-11 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 06/09/2025) regarding 50 DECISION on Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01613-UNJ Document 54 Filed 08/11/25 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: June 9, 2025 * * * * * * * * * * * * * MORGAN SMITH, * * Petitioner, * No. 21-1613V * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Elizabeth K. Abramson, Mctlaw, Washington, D.C., for petitioner. Parisa Tabassian, Department of Justice, Washington, D.C., for respondent. DECISION ON STIPULATION1 On July 26, 2021, Morgan Smith (“petitioner”) filed a claim for compensation in the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner alleges that as a result of the receiving the tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccine on May 20, 2019 caused her to suffer neuromyelitis optica (“NMO”). Id. On June 9, 2025, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation (ECF No. 49).3 Respondent denies that petitioner’s alleged NMO, any other injury, or her current condition were caused by the Tdap vaccine. Id. at 6. Nevertheless, maintaining their positions, the parties now agree that the 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision contains a reasoned explanation for the action in this case, I am required to post it to a publicly available website. This decision will appear at https://www.govinfo.gov/app/collection/uscourts/national/cofc or on the Court of Federal Claims website. This means the decision will be available to anyone with access to the Internet. Before the decision 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 decision 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. 3 The stipulation was signed using an electronic signature and the electronic signature page was removed as it contains petitioner’s confidential information. Case 1:21-vv-01613-UNJ Document 54 Filed 08/11/25 Page 2 of 9 issues between them shall be settled and that a decision should be entered awarding compensation to petitioner described in the stipulation, attached hereto as Appendix A. The stipulation provides: 1) A lump sum payment of $150,000.00, which amount represents compensation for pain and suffering, to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner; 2) An amount of $25,000.00 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. These amounts represent compensation for all damages that would be available to petitioner 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. The Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.4 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 4 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:21-vv-01613-UNJ Document 54 Filed 08/11/25 Page 3 of 9 Case 1:21-vv-01613-UNJ Document 54 Filed 08/11/25 Page 4 of 9 Case 1:21-vv-01613-UNJ Document 54 Filed 08/11/25 Page 5 of 9 Case 1:21-vv-01613-UNJ Document 54 Filed 08/11/25 Page 6 of 9 Case 1:21-vv-01613-UNJ Document 54 Filed 08/11/25 Page 7 of 9 Case 1:21-vv-01613-UNJ Document 54 Filed 08/11/25 Page 8 of 9 Case 1:21-vv-01613-UNJ Document 54 Filed 08/11/25 Page 9 of 9