VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00127
Package ID: USCOURTS-cofc-1_14-vv-00127
Petitioner: Lance Buterbaugh
Filed: 2014-02-12
Decided: 2016-04-15
Vaccine: Tdap
Vaccination date: 2012-02-23
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 165000

AI-assisted case summary:
Lance Buterbaugh filed a petition for compensation on February 12, 2014, alleging that the Tetanus-diphteria-acellular Pertussis (Tdap) vaccine, received on February 23, 2012, caused him to suffer Guillain-Barré Syndrome (GBS). The Tdap vaccine is listed on the Vaccine Injury Table. Mr. Buterbaugh further alleged that he suffered residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Mr. Buterbaugh's GBS or any other injury. Despite the denial, the parties reached a joint stipulation for compensation. The stipulation was found reasonable by Special Master Christian J. Moran. Mr. Buterbaugh was awarded a lump sum payment of $165,000.00, representing compensation for all damages available under the program. The decision directed that judgment be entered according to the stipulation. Petitioner counsel was Ronald Homer of Conway, Homer & Chin-Caplan, P.C., and respondent counsel was Linda Renzi of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Lance Buterbaugh alleged that the Tdap vaccine, received on February 23, 2012, caused Guillain-Barré Syndrome (GBS), an injury listed on the Vaccine Injury Table, and that residual effects lasted more than six months. Respondent denied causation. The parties reached a joint stipulation for compensation, which Special Master Christian J. Moran found reasonable. The award was a lump sum of $165,000.00. Petitioner counsel was Ronald Homer, and respondent counsel was Linda Renzi. The public decision does not detail the specific mechanism of causation or name any experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00127-0
Date issued/filed: 2016-04-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 3/24/16) regarding 46 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (dh) Copy to parties.
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Case 1:14-vv-00127-UNJ Document 50 Filed 04/15/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
LANCE BUTERBAUGH, *
* No. 14-127V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: March 24, 2016
*
SECRETARY OF HEALTH * Stipulation;
AND HUMAN SERVICES, * Tetanus-dipheria- acellular Pertussis
* (“Tdap”) vaccine;
Respondent. * Guillain-Barré syndrome (“GBS”).
* * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner;
Linda Renzi, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On March 21, 2016, the parties filed a joint stipulation concerning the
petition for compensation filed by Lance Buterbaugh on February 12, 2014. In his
petition, petitioner alleged that the Tetanus-diphteria- acellular Pertussis (“Tdap”)
vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R.
§100.3(a), and which he received on February 23, 2012, caused him to suffer
Guillain-Barré Syndrome (“GBS”). Petitioner further alleges that he suffered the
residual effects of this injury for more than six months. Petitioner represents that
there has been no prior award or settlement of a civil action for damages on his
behalf as a result of his condition.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.

Case 1:14-vv-00127-UNJ Document 50 Filed 04/15/16 Page 2 of 7
Respondent denies that the Tdap vaccine caused petitioner to suffer GBS or
any other injury or his current condition.
Nevertheless, the parties agree to the joint stipulation, attached hereto as
Appendix A. The undersigned finds said stipulation reasonable and adopts it as the
decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum payment of $165,000.00 in the form of a check payable to
petitioner, Lance Buterbaugh. This amount represents compensation
for all damages that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 14-127V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

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