VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00282
Package ID: USCOURTS-cofc-1_12-vv-00282
Petitioner: Dawn McGraw
Filed: 2012-05-03
Decided: 2017-04-17
Vaccine: Hepatitis A and Hepatitis B
Vaccination date: 2010-10-12
Condition: Guillain Barré Syndrome (“GBS”)
Outcome: compensated
Award amount USD: 365840

AI-assisted case summary:
Dawn McGraw filed a petition on May 3, 2012, alleging that a Hepatitis A and/or Hepatitis B vaccination she received on October 12, 2010 caused her to develop Guillain-Barré Syndrome (GBS). The respondent denied that the vaccines caused petitioner's injury. However, both parties agreed to settle the case through a joint stipulation filed on March 22, 2017. Special Master Mindy Michaels Roth reviewed the stipulation and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $365,840.40, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific onset of symptoms, clinical details, or any expert testimony presented.

Theory of causation field:
Petitioner Dawn McGraw alleged that a Hepatitis A and/or Hepatitis B vaccination administered on October 12, 2010, caused her to develop Guillain-Barré Syndrome (GBS). Respondent denied causation. The parties reached a settlement via joint stipulation filed on March 22, 2017. Special Master Mindy Michaels Roth adopted the stipulation, awarding petitioner $365,840.40. The public decision does not detail the specific mechanism of causation, expert testimony, or the breakdown of the award beyond the total lump sum.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00282-0
Date issued/filed: 2017-04-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 3/22/2017) Regarding 83 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (jo) Copy to parties.
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Case 1:12-vv-00282-UNJ Document 87 Filed 04/17/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-282V
Filed: March 22, 2017
* * * * * * * * * * * * * * *
DAWN MCGRAW, * UNPUBLISHED
*
Petitioner, *
v. * Decision on Joint Stipulation;
* Guillain Barré Syndrome (“GBS”);
SECRETARY OF HEALTH * Hepatitis A (“Hep A”) Vaccine and
AND HUMAN SERVICES, * Hepatitis B (“Hep B”) Vaccine.
*
Respondent. *
* * * * * * * * * * * * * * *
Franklin Caldwell, Jr., Esq., Maglio, Christopher & Toale, Sarasota, FL, for petitioner.
Lisa Watts, Esq., U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On May 3, 2012, Petitioner (“Ms. McGraw,” or “petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
she developed Guillain Barré Syndrome (“GBS”) as a result of receiving a Hepatitis A and/or
Hepatitis B vaccination on October 12, 2010. See Stipulation, filed Mar. 22, 2017, at ¶¶ 1-4.
Respondent denies that the Hepatitis A and/or Hepatitis B vaccines caused petitioner’s injury.
Stipulation at ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I
intend to 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 (2012)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and
move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B).
Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted
decision. If, upon review, I agree that the identified material fits within the requirements of that
provision, I will delete such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755.
Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent
subparagraph of 42 U.S.C. § 300aa (2012).
1

Case 1:12-vv-00282-UNJ Document 87 Filed 04/17/17 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. On March 22, 2017, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
A lump sum of $365,840.40 in the form of a check payable to petitioner, Dawn
McGraw. This amount represents compensation for all damages that would be
available under § 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 is directed to enter judgment in
accordance with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

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