VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00124
Package ID: USCOURTS-cofc-1_12-vv-00124
Petitioner: Kimberly Sewell
Filed: 2012-02-23
Decided: 2017-09-21
Vaccine: Tdap
Vaccination date: 2011-09-13
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 850000

AI-assisted case summary:
On February 23, 2012, Kimberly Sewell filed a petition in the National Vaccine Injury Compensation Program, alleging that a tetanus-diphtheria-acellular pertussis (TDaP) vaccination administered on September 13, 2011, caused her to develop Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the TDaP vaccine caused petitioner's GBS or any other injury. Despite these denials, both parties entered into a joint stipulation on August 23, 2017, to settle the case. Special Master Thomas L. Gowen reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $850,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner's counsel was Anne C. Toale of Maglio Christopher and Toale. Respondent's counsel was Jennifer L. Reynaud of the United States Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted by either party. The decision also does not detail the specific mechanism of causation alleged by the petitioner.

Theory of causation field:
Petitioner Kimberly Sewell received a TDaP vaccine on September 13, 2011, and subsequently developed Guillain-Barré Syndrome (GBS), which she alleged was caused-in-fact by the vaccine and resulted in residual effects lasting over six months. The respondent denied causation. The parties reached a joint stipulation on August 23, 2017, agreeing to settle the case. Special Master Gowen found the stipulation reasonable and adopted it. The award was $850,000.00, representing compensation for all damages under 42 U.S.C. § 300aa-15(a). Petitioner's counsel was Anne C. Toale, and respondent's counsel was Jennifer L. Reynaud. The public decision does not specify the medical experts or the precise mechanism of causation, nor does it detail the petitioner's specific medical condition or treatment beyond the diagnosis of GBS.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00124-0
Date issued/filed: 2017-09-21
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/23/2017) regarding 105 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:12-vv-00124-UNJ Document 109 Filed 09/21/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: August 23, 2017
* * * * * * * * * * * * * * * * * * *
KIMBERLY SEWELL, *
* No. 12-124V
Petitioner, *
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Joint Stipulation; Tetanus-
AND HUMAN SERVICES, * Diphtheria-acellular-Pertussis
* (“TDaP”) Vaccine; Guillain-Barré
Respondent. * Syndrome (“GBS”).
* * * * * * * * * * * * * * * * * * *
Anne C. Toale, Maglio Christopher and Toale, Sarasota, FL, for petitioner.
Jennifer L. Reynaud, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On February 23, 2012, Kimberly Sewell (“petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 Petitioner received the
tetanus-diphtheria-acellular pertussis (“TDaP”) vaccination on September 13, 2011. Petitioner
alleges that she sustained a vaccine-related injury diagnosed as Guillain-Barré Syndrome
(“GBS”) that was caused-in-fact by the TDaP vaccine. She further alleges that she suffered the
residual effects of this injury for more than six months.
On August 23, 2017, the parties filed a stipulation in which they state that a decision
should be entered awarded compensation to petitioner. Joint Stipulation (ECF No. 104).
Respondent denies that petitioner’s alleged GBS and residual effects were caused-in-fact by the
TDaP vaccine and denies that the TDaP vaccine caused petitioner any other injury or her current
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 intend to post it on the website of the United States Court of
Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov. 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 of the date this decision is filed, the
decision will be posted on the court’s website without any changes.
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.

Case 1:12-vv-00124-UNJ Document 109 Filed 09/21/17 Page 2 of 7
condition. Id. at ¶ 6. Maintaining their above-stated positions, the parties nevertheless now
agree that the issues between them shall be settled and that a decision should be entered
awarding compensation to petitioner according to the terms of the joint stipulation attached
hereto as Appendix A.
The joint stipulation awards a lump sum of $850,000.00 in the form of a check
payable to petitioner. Joint Stipulation at ¶ 8. This amount represents compensation for all
damages that would be available under 42 U.S.C. § 300aa-15(a).
I find the stipulation reasonable and I adopt it as the decision of the Court in
awarding damages, on the terms set forth therein.
Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with
the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the
right to seek review.
2

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