VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01650 Package ID: USCOURTS-cofc-1_21-vv-01650 Petitioner: J.F. Filed: 2021-02-22 Decided: 2023-03-20 Vaccine: DTaP and/or PCV Vaccination date: 2020-11-12 Condition: febrile seizure, fall, and mandibular fracture Outcome: compensated Award amount USD: 97512 AI-assisted case summary: Emyli and Jeremy Ferguson, on behalf of their minor child J.F., filed a petition on August 2, 2021, seeking compensation under the National Vaccine Injury Compensation Program. They alleged that J.F. suffered a febrile seizure, fell, and sustained a mandibular fracture after receiving DTaP and/or PCV vaccines on November 12, 2020. Petitioners further alleged that J.F. experienced residual effects lasting over six months. The respondent denied that the vaccines caused J.F.'s alleged injuries or any other condition, and denied that the vaccines caused a significant aggravation of any pre-existing injury or that the injury was a sequela of a vaccine-related injury. Despite these positions, both parties agreed to settle the case through a stipulation filed on February 22, 2023. Chief Special Master Brian H. Corcoran reviewed the case file and found the stipulation to be reasonable, adopting it as the decision. The stipulation awarded a total of $97,512.35 in compensation. This included a lump sum of $90,000.00 payable to Petitioners as guardians/conservators of J.F.'s estate, contingent upon documentation of their appointment. Additionally, a lump sum of $512.35 was awarded to Petitioners, and $7,000.00 was awarded to reimburse a Medicaid lien for services rendered to Petitioner by the State of Arizona, payable jointly to Petitioners and Optum. These amounts represent compensation for all damages available under Section 15(a) of the Act. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the names of any medical experts consulted. The specific mechanism of causation was not detailed in the public decision. Theory of causation field: Petitioners alleged that J.F. suffered a febrile seizure, fall, and mandibular fracture following vaccination with DTaP and/or PCV vaccines on November 12, 2020, with residual effects lasting over six months. Respondent denied causation. The parties stipulated to settlement, and Chief Special Master Brian H. Corcoran adopted the stipulation as the decision. The award totaled $97,512.35, comprising $90,000.00 for J.F.'s estate, $512.35 to Petitioners, and $7,000.00 for a Medicaid lien reimbursement. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Attorneys for Petitioners were Jessica A. Olins and for Respondent was Felicia Langel. The decision date was March 20, 2023. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01650-0 Date issued/filed: 2023-03-20 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 02/22/2023) regarding 30 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (mva) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01650-UNJ Document 31 Filed 03/20/23 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1650V * * * * * * * * * * * * * * * * * * * * * * * * * * EMYLI FERGUSON and JEREMY * FERGUSON, on behalf of J.F., a * Chief Special Master Corcoran minor child, * * Petitioners, * Filed: February 22, 2023 * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * Jessica A. Olins, Maglio Christopher & Toale, Seattle, WA, for Petitioners. Felicia Langel, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On August 2, 2021, Emyli and Jeremy Ferguson, on behalf of J.F., a minor child, filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioners allege that J.F. suffered a febrile seizure, fell, and then sustained a mandibular fracture as a result of her November 12, 2020, receipt of the Diphtheria-Tetanus- Acellular Pertussis (“DTaP”) and/or Pneumococcal Conjugate (“PCV”) vaccines. Moreover, Petitioners allege that J.F. experienced residual effects of this injury for more than six months. 1 Because this decision contains a reasoned explanation for my actions in this case, I will post it on the United States Court of Federal Claims website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), 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 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-01650-UNJ Document 31 Filed 03/20/23 Page 2 of 8 Respondent denies that the DTaP and/or PCV vaccines caused J.F.’s injury, or any other injury or condition. Respondent also denies the DTaP and/or PCV vaccines caused J.F. to suffer a significant aggravation of any pre-existing injury, and denies that J.F.’s injury or condition is a sequela of a vaccine-related injury. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on February 22, 2023) that the issues before them could be settled, and that a decision should be entered awarding compensation. I have reviewed the case 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 Petitioners as guardians/conservators of J.F.’s estate. No payments shall be made until Petitioners provide Respondent with documentation establishing their appointment as guardians/conservators of J.F.’s estate. • A lump sum of $512.35, payable to Petitioners; and • A lump sum of $7,000.00 representing reimbursement of a Medicaid lien for services rendered to Petitioner by the State of Arizona, in the form of a check payable jointly to Petitioners and Optum. Stipulation ¶ 8. These amounts represent compensation for all damages that would be available under Section 15(a) of the Act. I approve a Vaccine Program award in the requested amounts set forth above to be made to Petitioners. 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. 2 Case 1:21-vv-01650-UNJ Document 31 Filed 03/20/23 Page 3 of 8 Case 1:21-vv-01650-UNJ Document 31 Filed 03/20/23 Page 4 of 8 Case 1:21-vv-01650-UNJ Document 31 Filed 03/20/23 Page 5 of 8 Case 1:21-vv-01650-UNJ Document 31 Filed 03/20/23 Page 6 of 8 Case 1:21-vv-01650-UNJ Document 31 Filed 03/20/23 Page 7 of 8 Case 1:21-vv-01650-UNJ Document 31 Filed 03/20/23 Page 8 of 8