VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00250
Package ID: USCOURTS-cofc-1_13-vv-00250
Petitioner: Shannon Keller
Filed: 2013-04-08
Decided: 2015-04-21
Vaccine: Tdap
Vaccination date: 2010-04-06
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 53000

AI-assisted case summary:
Shannon Keller filed a petition on April 8, 2013, alleging that a tetanus-diphtheria-acellular pertussis (Tdap) vaccination she received on April 6, 2010 caused her to develop Guillain-Barré syndrome (GBS) and that she experienced the residual effects of this injury for more than six months. Respondent denied that the Tdap vaccine caused petitioner's GBS or any other injury.

Nonetheless, both parties agreed to a joint stipulation filed October 1, 2014 to settle the case. Special Master Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $53,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $19,348.56, payable jointly to petitioner and her counsel, John R. Howie, Jr., of Howie Law, P.C. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Tdap Apr 6, 2010 → GBS (residual >6 months). Joint stipulation Oct 1, 2014; SM Dorsey. Comp $53,000. Fees $19,348.56 (Howie, Howie Law PC, Dallas TX).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00250-0
Date issued/filed: 2014-10-22
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/01/2014) regarding 35 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00250-UNJ Document 40 Filed 10/22/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-250V
Filed: October 1, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
SHANNON KELLER, *
* Special Master Dorsey
Petitioner, *
*
v. * Joint Stipulation on Damages;
* Tetanus-diphtheria-acellular
SECRETARY OF HEALTH * pertussis (Tdap) vaccine; Guillain-
AND HUMAN SERVICES, * Barre Syndrome (GBS).
*
Respondent. *
* * * * * * * * * * * * * * * *
John Robert Howie, Jr., Howie Law, PC, Dallas, TX, for petitioner.
Alexis B. Babcock , United States Department of Justice, Washington, DC, for respondent.
DECISION1
On April 8, 2013, Shannon Keller(“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that she suffered from Guillain-Barré syndrome that was caused in fact by a tetanus-diphtheria-
acellular-pertussis (“Tdap”) vaccine that was administered to her on April 6, 2010. See Petition
at 1. Petitioner further alleged that she experienced the residual effects of these injuries for more
than six months. Id. at 5.
On October 1, 2014, the parties filed a stipulation, stating that a decision should be
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, 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
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).
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 (2006) (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.
1

Case 1:13-vv-00250-UNJ Document 40 Filed 10/22/14 Page 2 of 7
entered awarding compensation.
Respondent denies that petitioner’s alleged injuries were caused-in-fact by her Tdap
vaccination, and denies that the vaccine caused any other injury or her current condition.
Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The
undersigned finds the stipulation reasonable and adopts it as the decision of the Court in
awarding damages, on the terms set forth therein.
The parties stipulated that petitioner shall receive the following compensation:
A lump sum of $53,000.00, 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).
Stipulation ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
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.3
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
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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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00250-1
Date issued/filed: 2015-04-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/31/2015) regarding 42 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:13-vv-00250-UNJ Document 45 Filed 04/21/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: March 31, 2015
* * * * * * * * * * * * * * UNPUBLISHED
SHANNON KELLER, * No. 13-250V
*
Petitioner, *
* Special Master Dorsey
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
John Robert Howie, Jr., Howie Law, P.C., for petitioner.
Alexis B. Babcock, United States Department of Justice, Washington, DC, for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On April 8, 2013, Shannon Keller (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that she suffered from Guillain-Barrė syndrome that was caused in fact by a tetanus-diphtheria-
acellular-pertussis (Tdap) vaccine that was administered to her on April 6, 2010. See Petition at
1. On October 1, 2014, the undersigned entered a decision awarding compensation to petitioner
based on a joint stipulation filed by the parties.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). As provided by 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 entire 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. §§ 300aa-1 to -34 (2006) (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.
1

Case 1:13-vv-00250-UNJ Document 45 Filed 04/21/15 Page 2 of 2
On March 31, 2015, the parties filed a Stipulation of Facts Concerning Attorneys’ Fees
and Costs. According to the stipulation, the parties stipulate to a total award to petitioner of
attorneys’ fees and costs in the amount of $19,348.56. In accordance with General Order #9,
petitioner’s counsel states that petitioner did not personally incur any costs in pursuit of her
claim.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of petitioner’s request and the lack of any objection
by respondent, the undersigned GRANTS the request for approval and payment of attorneys’
fees and costs.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioner and to petitioner’s attorney, John R.
Howie, Jr., of Howie Law, P.C., in the amount of $19,348.56.
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.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
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