VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00608
Package ID: USCOURTS-cofc-1_14-vv-00608
Petitioner: Christopher Sherman
Filed: 2014-07-14
Decided: 2015-12-28
Vaccine: influenza
Vaccination date: 2012-09-20
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 325000

AI-assisted case summary:
Christopher Sherman filed a petition on July 14, 2014, alleging that he developed Guillain-Barré Syndrome (GBS) as a result of receiving influenza and Tdap vaccinations on September 20, 2012. He further alleged that he experienced residual effects of the injury for more than six months. Respondent denied that the vaccines caused his GBS or any other injury, and denied that his current disabilities were a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on November 30, 2015, agreeing to an award of compensation. The stipulation stated that Christopher Sherman would receive a lump sum of $325,000.00 as compensation for all damages available under the National Vaccine Injury Compensation Program. The Special Master found the stipulation reasonable and adopted it as the decision of the Court, ordering judgment to be entered in accordance with its terms. The case was thus compensated based on the parties' agreement.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00608-0
Date issued/filed: 2015-12-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/02/2015) regarding 29 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00608-UNJ Document 33 Filed 12/28/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-608V
Filed: December 2, 2015
* * * * * * * * * * * * * UNPUBLISHED
CHRISTOPHER SHERMAN, *
*
Petitioner, * Special Master Gowen
*
v. * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine; Tdap
SECRETARY OF HEALTH * Vaccine; Guillain-Barré Syndrome
AND HUMAN SERVICES, * (“GBS”)
*
Respondent. *
*
* * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer & Chin-Caplan, Boston, MA, for petitioner.
Glenn A. MacLeod, U.S. Department of Justice, Washington, D.C., for respondent.
DECISION ON JOINT STIPULATION1
On July 14, 2014, Christopher Sherman (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012).
Petitioner alleged that, as a result of receiving influenza (“flu”) and Tetanus-diptheria-acellular
pertussis (“Tdap”) vaccinations on September 20, 2012, he developed Guillain-Barré Syndrome
(“GBS”). Petition at 1. Further, petitioner alleged that he experienced residual effects of the
injury for more than six months. Id. at ¶ 23.
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 (2012) (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 1:14-vv-00608-UNJ Document 33 Filed 12/28/15 Page 2 of 7
On November 30, 2015, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the flu vaccine and/or the
Tdap vaccine caused petitioner’s GBS or any other injury, and further denies that his current
disabilities are a sequela of a vaccine-related injury. Stipulation at ¶ 6. 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 stipulate that petitioner shall receive the following in compensation:
(1) A lump sum of $325,000.00 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).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, the clerk of the court SHALL ENTER JUDGMENT in accordance with
the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
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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