VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00276 Package ID: USCOURTS-cofc-1_12-vv-00276 Petitioner: Vijay Patel Filed: 2015-03-26 Decided: 2015-08-24 Vaccine: Tdap Vaccination date: Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 317534 AI-assisted case summary: Vijay Patel filed a petition under the National Vaccine Injury Compensation Program on May 2, 2012, alleging that he suffered Guillain-Barré syndrome (GBS) and related complications as a result of receiving a Tetanus-diphtheria-acellular pertussis (Tdap) vaccine. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Mr. Patel's GBS. Despite maintaining their respective positions, both parties agreed to settle the case. On March 25, 2015, they filed a stipulation proposing an award of $290,000.00 for all damages, plus an additional $2,907.67 to satisfy a New York Medicaid lien. Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision and awarding the compensation. Subsequently, on August 3, 2015, the parties filed another stipulation proposing an award of $27,534.96 for attorney's fees and costs. Mr. Patel represented that he incurred no reimbursable costs. Special Master Corcoran also approved this stipulation, ordering that the award be made in the form of a check payable jointly to Petitioner and his counsel, Anne Carrion Toale. The public decision does not describe the onset of symptoms, specific clinical details, or expert testimony. Theory of causation field: Petitioner Vijay Patel alleged that he suffered Guillain-Barré syndrome (GBS) and related complications as a result of receiving a Tetanus-diphtheria-acellular pertussis (Tdap) vaccine. The respondent denied causation. The parties resolved the case by stipulation. The public decision does not specify the date of vaccination, the date of symptom onset, the specific mechanism of injury, or name any experts. The case was settled for a total of $290,000.00 for damages, $2,907.67 for a Medicaid lien, and $27,534.96 for attorney's fees and costs. Special Master Brian H. Corcoran approved the stipulations on April 16, 2015, and August 24, 2015. Petitioner's counsel was Anne Carrion Toale, and respondent's counsel was Althea Walker Davis. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_12-vv-00276-0 Date issued/filed: 2015-04-16 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/26/2015) regarding 53 DECISION Stipulation. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00276-UNJ Document 54 Filed 04/16/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-276V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIJAY PATEL, * * Petitioner, * Filed: March 26, 2015 * v. * Decision by Stipulation; Damages; * Tetanus-diphtheria-acellular * pertussis (“Tdap”) vaccine; Guillain- SECRETARY OF HEALTH AND * Barré Syndrome (“GBS”) HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Anne Carrion Toale, Maglio Christopher and Toale, Sarasota, FL, for Petitioner. Althea Walker Davis, U.S. Dep’t of Justice, Washington, DC, for Respondent DECISION AWARDING DAMAGES1 On May 2, 2012, Vijay Patel filed a petition seeking compensation under the National Vaccine Injury Compensation Program, (“the Vaccine Program”).2 Petitioner alleges that he suffered Guillain-Barré syndrome (“GBS”) and related complications as a result of receiving a Tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine. 1 Because this decision contains a reasoned explanation for my action in this case, I will post this decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has 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. (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.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa. Case 1:12-vv-00276-UNJ Document 54 Filed 04/16/15 Page 2 of 7 Respondent denies that Petitioner’s GBS and any related medical problems were caused by the receipt of the Tdap vaccine. Nonetheless both parties, while maintaining their above- stated positions, agreed in a stipulation filed March 25, 2015 that the issues before them can 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 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 $290,000.00, 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). A lump sum payment of $2,907.67, representing compensation for satisfaction of the State of New York Medicaid lien, in the form of a check payable jointly to Petitioner and New York State Department of Health P.O. Box 415874 Boston, MA 02241-5874 Case No. 127953 (Medicaid Lien) Stipulation ¶ 8. 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 Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review. 2 Case 1:12-vv-00276-UNJ Document 54 Filed 04/16/15 Page 3 of 7 Case 1:12-vv-00276-UNJ Document 54 Filed 04/16/15 Page 4 of 7 Case 1:12-vv-00276-UNJ Document 54 Filed 04/16/15 Page 5 of 7 Case 1:12-vv-00276-UNJ Document 54 Filed 04/16/15 Page 6 of 7 Case 1:12-vv-00276-UNJ Document 54 Filed 04/16/15 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_12-vv-00276-1 Date issued/filed: 2015-08-24 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 8/3/2015) regarding 59 DECISION Fees Stipulation. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties. -------------------------------------------------------------------------------- Case 1:12-vv-00276-UNJ Document 60 Filed 08/24/15 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-276V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIJAY PATEL, * * Filed: August 3, 2015 Petitioner, * * Decision by Stipulation; Attorney’s v. * Fees & Costs * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Anne Carrion Toale, Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner Althea Walker Davis, U.S. Dep’t of Washington, DC, for Respondent ATTORNEY’S FEES AND COSTS DECISION1 On May 2, 2012, Vijay Patel filed a petition seeking compensation under the National Vaccine Injury Compensation Program. On March 25, 2015, the parties filed a stipulation detailing an amount to be awarded to Petitioner. I subsequently issued a decision finding the parties’ stipulation to be reasonable and granting Petitioner the award out lined by the stipulation. The parties have now filed a stipulation on August 3, 2015, in which they jointly propose that Petitioner’s counsel receive a lump sum of $27,534.96, in the form of a check payable to Petitioner and Petitioner’s counsel. In addition, and in compliance with General Order No. 9, Petitioner has represented that he did incur any reimbursable costs in proceeding on this petition. 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, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (Dec. 17, 2002) (current version at 44 U.S.C. § 3501 (2014)). As provided by 42 U.S.C. § 300aa- 12(d)(4)(B), however, the parties may object to the published 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. Case 1:12-vv-00276-UNJ Document 60 Filed 08/24/15 Page 2 of 2 I approve the requested amount for attorney’s fees and costs as reasonable. Accordingly, an award should be made in the form of a check in the amount of $27,534.96 payable jointly to Petitioner and Petitioner’s counsel, Anne C. Toale, Esq. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.2 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review.