VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00351
Package ID: USCOURTS-cofc-1_13-vv-00351
Petitioner: Arlene Trompczynski
Filed: 2013-05-23
Decided: 2014-12-19
Vaccine: Tdap
Vaccination date: 2010-08-20
Condition: Guillain-Barre syndrome
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
Arlene Trompczynski filed a petition on May 23, 2013, alleging that a tetanus-diphtheria-acellular pertussis (Tdap) vaccination she received on August 20, 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 vaccination caused petitioner's GBS or any other injury.

Nonetheless, both parties agreed to a joint stipulation filed July 14, 2014 to settle the case. Special Master Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $125,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $14,150.00, payable jointly to petitioner and her counsel, Ronald C. Homer of Conway, Homer & Chin-Caplan, P.C. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation field:
Tdap Aug 20, 2010 → GBS (residual >6 months). Joint stipulation Jul 14, 2014; SM Hamilton-Fieldman. Comp $125,000. Fees $14,150 (Homer, Conway Homer & Chin-Caplan PC, Boston MA). All DB fields correct.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00351-0
Date issued/filed: 2014-08-04
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/14/2014) regarding 28 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:13-vv-00351-UNJ Document 32 Filed 08/04/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-351V
(E-Filed: July 14, 2014)
* * * * * * * * * * * * * * *
ARLENE TROMPCZYNSKI, * UNPUBLISHED
*
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* Tetanus-Diphtheria-acellular Pertussis
SECRETARY OF HEALTH AND * Vaccine; Guillain-Barre syndrome;
HUMAN SERVICES, * Decision; Stipulation.
*
Respondent. *
* * * * * * * * * * * * * * *
Joseph Pepper, Conway, Homer & Chin-Caplan, P.C., for Petitioner.
Michael P. Milmoe, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 23, 2013, Petitioner, Arlene Trompczynski, filed a petition seeking
compensation under the National Vaccine Injury Compensation Program (Athe Vaccine
Program@). Petitioner alleged that she suffered Guillain-Barre syndrome (“GBS”), as a
result of receiving a Tetanus-Diphtheria-acellular Pertussis (“Tdap”) vaccine on August
20, 2010.2
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 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
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.” 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.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002) (Vaccine Act or the
1

Case 1:13-vv-00351-UNJ Document 32 Filed 08/04/14 Page 2 of 7
Respondent denies that Petitioner’s Tdap vaccination caused her GBS and/or any
other injury. Nonetheless, both parties, while maintaining their above stated positions,
agreed in a Stipulation, filed July 14, 2014, (“Stipulation”) that the issues before them
can be settled and that a decision should be entered awarding Petitioner compensation.
The undersigned finds said stipulation reasonable and adopts it as the decision of
the Court in awarding damages, on the terms set forth therein.
The stipulation awards:
A lump sum of $125,000.00 in the form of a check payable to Petitioner,
representing all damages available under 42 U.S.C. §300aa-15(a) to which
Petitioner would be entitled.
Stipulation ¶ 8(a)
The undersigned approves the requested amounts for Petitioner’s compensation.
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/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. '
300aa.
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-00351-1
Date issued/filed: 2014-12-19
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/26/2014) regarding 36 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:13-vv-00351-UNJ Document 39 Filed 12/19/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-351
Filed: November 26, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
ARLENE TROMPCZYNSKI, *
* Special Master Hamilton-Fieldman
Petitioner, *
*
v. * Attorneys’ Fees and Costs;
* Reasonable Amount Requested
SECRETARY OF HEALTH * to Which Respondent Does Not
AND HUMAN SERVICES, * Object.
*
Respondent. *
* * * * * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner.
Michael Milmoe, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On May 23, 2013, Arlene Trompczynski (“Petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 et seq. (2006)
(“Vaccine Act”). Petitioner alleged that she suffered from Guillain-Barre syndrome (“GBS”),
and that this injury had been caused by the Tetanus-Diphtheria-acellular Pertussis (“Tdap”)
vaccine received on August 20, 2010. Petition (“Pet”) at 1. On July 14, 2014, the undersigned
issued a decision awarding compensation to the Petitioner.
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-00351-UNJ Document 39 Filed 12/19/14 Page 2 of 2
On November 26, 2014, the parties filed a Stipulation of Fact Concerning Attorneys’
Fees and Costs. This stipulation requests a total payment of $14,150.00, representing total
attorneys’ fees and costs. In compliance with General Order #9, Petitioner represents that no
personal, out-of-pocket expenses were incurred in proceeding on the petition.
The undersigned finds that the petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to
42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and
appropriate. Accordingly, the undersigned hereby awards the amount of $14,150.00, in the
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Ronald C.
Homer, 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.
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
2