VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00701
Package ID: USCOURTS-cofc-1_13-vv-00701
Petitioner: Matthew Forrest Kierzek
Filed: 2014-05-13
Decided: 2014-05-13
Vaccine: Tdap
Vaccination date: 2013-01-22
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 128324

AI-assisted case summary:
On May 13, 2014, Matthew Forrest Kierzek filed a petition alleging that he suffered from Guillain-Barré Syndrome (GBS) caused by a Tetanus-diphtheria-acellular-pertussis (Tdap) vaccine he received on January 22, 2013. He further alleged that he experienced residual effects from the GBS for more than six months. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused the petitioner's GBS or any other injuries. The parties subsequently reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation, awarding Matthew Forrest Kierzek a total of $117,123.50 for all damages. Additionally, the Special Master awarded $11,181.43 for attorneys' fees and costs, payable jointly to the petitioner and his attorneys, Mark L. Krueger of Baraboo, WI, and Krueger & Hernandez, S.C. Petitioner was also awarded $19.99 for out-of-pocket costs, payable to him. The total compensation awarded was $128,324.99. The respondent was represented by Lara A. Englund of Washington, DC. The decision was based on a stipulation and was not intended for publication.

Theory of causation field:
Petitioner alleged that his Guillain-Barré Syndrome (GBS) was caused by a Tdap vaccine received on January 22, 2013, and that he experienced residual effects for more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case. The public decision does not describe the specific medical mechanism, expert testimony, or clinical details of the alleged injury or its onset. Special Master Laura D. Millman awarded a total of $117,123.50 for damages, $11,181.43 for attorneys' fees and costs (payable jointly to petitioner and Krueger & Hernandez, S.C.), and $19.99 for petitioner's out-of-pocket costs, totaling $128,324.99. Petitioner's counsel was Mark L. Krueger; respondent's counsel was Lara A. Englund. The decision was issued on May 13, 2014.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00701-0
Date issued/filed: 2014-06-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/13/2014) regarding 15 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00701-UNJ Document 22 Filed 06/03/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-701V
Filed: May 13, 2014
Not for Publication
*************************************
MATTHEW FORREST KIERZEK, *
*
Petitioner, *
* Damages decision based on stipulation;
v. * Tdap vaccine; Guillain-Barré Syndrome
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Mark L. Krueger, Baraboo, WI, for petitioner.
Lara A. Englund, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On May 13, 2014, the parties filed the attached stipulation in which they agreed to settle
this case and described the settlement terms. Petitioner alleges that he suffered from
Guillain-Barré Syndrome (“GBS”) that was caused by his January 22, 2013, receipt of
Tetanus-diphtheria-acellular-pertussis (“Tdap”) vaccine. He further alleges that he experienced
the residual effects of this injury for more than six months. Respondent denies that Tdap vaccine
caused petitioner’s GBS, any other injuries, or his current condition. Nonetheless, the parties
agreed to resolve this matter informally.
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to delete such information prior to the document’s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
delete such material from public access.

Case 1:13-vv-00701-UNJ Document 22 Filed 06/03/14 Page 2 of 7
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and
on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of
$117,123.50, representing compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a) (2006). The award shall be in the form of a check for $117,123.50 made payable 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.2
IT IS SO ORDERED.
Dated: May 13, 2014 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

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Case 1:13-vv-00701-UNJ Document 22 Filed 06/03/14 Page 7 of 7

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00701-1
Date issued/filed: 2014-06-03
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/13/2014) regarding 16 DECISION Fees Stipulation/Proffer Signed by Special Master Laura D Millman. (tlj) Copy to parties.
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Case 1:13-vv-00701-UNJ Document 23 Filed 06/03/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-701V
Filed: May 13, 2014
Not for Publication
*************************************
MATTHEW FORREST KIERZEK, *
*
Petitioner, * Attorneys’ fees and costs decision based on
* stipulation of fact
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Mark L. Krueger, Baraboo, WI, for petitioner.
Lara A. Englund, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING ATTORNEYS’ FEES AND COSTS1
On May 13, 2014, the parties filed a stipulation of fact in which they agreed on an
appropriate amount for attorneys’ fees and costs in this case.
Petitioner submitted his request for attorneys’ fees and costs to respondent. During
informal discussions, respondent raised objections to certain items in petitioner’s application.
Based on these objections, petitioner amends his application for attorneys’ fees and costs to
$11,181.43. Respondent does not object to this amount. The undersigned finds this amount to
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to redact such information prior to the document=s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
redact such material from public access.

Case 1:13-vv-00701-UNJ Document 23 Filed 06/03/14 Page 2 of 2
be reasonable. In compliance with the General Order #9 requirement, petitioner asserts that he
advanced $19.99 in pursuit of his petition. Accordingly, the court awards:
a. $11,181.43, representing reimbursement for attorneys’ fees and costs. The
award shall be in the form of a check made payable jointly to petitioner and
Krueger & Hernandez, S.C. in the amount of $11,181.43.
b. $19.99, representing petitioner’s out-of-pocket costs. The award shall be in the
form of a check made payable to petitioner in the amount of $19.99.
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.2
IT IS SO ORDERED.
Dated: May 13, 2014 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2