VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00641
Package ID: USCOURTS-cofc-1_14-vv-00641
Petitioner: Dipak Choksi
Filed: 2014-07-22
Decided: 2015-12-11
Vaccine: Tdap
Vaccination date: 2013-07-14
Condition: Guillain-Barre syndrome
Outcome: compensated
Award amount USD: 375250

AI-assisted case summary:
Dipak Choksi filed a petition for compensation under the National Vaccine Injury Compensation Program on July 22, 2014. He alleged that he developed Guillain-Barre syndrome (GBS) as a result of receiving a Tdap vaccine on July 14, 2013, and that he experienced residual effects of his injuries for more than six months. The respondent denied that the Tdap vaccine caused or significantly aggravated the petitioner's alleged injuries or any other injury, and denied that the petitioner's current disabilities were the result of a vaccine-related injury. Despite the respondent's denials, the parties reached a settlement. On August 18, 2015, they filed a joint stipulation agreeing to settle the case. The respondent agreed to pay the petitioner a lump sum of $375,250.00 as compensation for all damages available under the program. Special Master Thomas L. Gowen adopted the parties' stipulation and awarded the compensation. Subsequently, on November 20, 2015, the parties filed a stipulation concerning attorneys' fees and costs. The petitioner requested a total award of $33,000.00 for attorneys' fees and costs, and the respondent did not object. Special Master Gowen granted this request, ordering that an award be made in the form of a check jointly payable to the petitioner and his attorney, Amber D. Wilson of Maglio Christopher & Toale, in the amount of $33,000.00. The case was resolved through these joint stipulations.

Theory of causation field:
Petitioner Dipak Choksi alleged that he developed Guillain-Barre syndrome (GBS) caused in fact by the Tdap vaccine he received on July 14, 2013, and that he experienced residual effects for more than six months. Respondent denied causation and aggravation. The parties reached a settlement, and Special Master Thomas L. Gowen adopted their joint stipulation. Petitioner was awarded $375,250.00 for all damages. Attorneys' fees and costs were subsequently awarded as $33,000.00, jointly payable to petitioner and attorney Amber D. Wilson. The public decision does not describe the specific medical experts, clinical details of the injury onset or progression, diagnostic tests, treatments, or the mechanism of causation. The theory of causation was not litigated to a decision on the merits, as the case was resolved via stipulation. The award was based on a settlement, not a finding of fact or law regarding the cause of the injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00641-0
Date issued/filed: 2015-09-08
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/18/2015) regarding 35 DECISION Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00641-UNJ Document 38 Filed 09/08/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-641V
Filed: August 18, 2015
(Unpublished)
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DIPAK CHOKSI, *
*
Petitioner, *
v. * Stipulation; Tdap; GBS
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Wilson, Esq., Maglio, Christopher and Toale, PA, Washington, DC, for petitioner.
Darryl Wishard, Esq., U.S. Dep’t. of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Gowen, Special Master:
Dipak Choksi [“petitioner”] filed a petition for compensation under the National
Vaccine Injury Compensation Program2 on July 22, 2014. Petitioner alleges that he
suffered from Guillain-Barre syndrome [GBS] that was caused in fact by the Tdap
vaccine he received on July 14, 2013. See Stipulation, filed Aug. 18, 2015, at ¶¶ 2, 4.
Further, petitioner alleges that he experienced residual effects of his injuries for more
than six months. Stipulation at ¶ 4. Respondent denies that the Tdap vaccine either
caused or significantly aggravated petitioner’s alleged injuries or any other injury, and
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
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)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and
move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B).
Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted
decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I
will delete such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:14-vv-00641-UNJ Document 38 Filed 09/08/15 Page 2 of 7
denies that petitioner’s current disabilities are the result of a vaccine-related injury.
Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On August 18, 2015,
the parties filed a joint stipulation agreeing to settle this case and describing the
settlement terms.
Respondent agrees to pay petitioner:
a. A lump sum of $375,250.00 in the form of a check payable to petitioner,
Dipak Choksi. This amount represents compensation for all damages that
would be available under § 300aa-15(a).
The special master adopts the parties’ stipulation attached hereto, and awards
compensation in the amount and on the terms set forth therein. The clerk of the court is
directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00641-1
Date issued/filed: 2015-12-11
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/20/2015) regarding 42 DECISION Fees Stipulation/Proffer (Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:14-vv-00641-UNJ Document 45 Filed 12/11/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-641V
Filed: November 20, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
DIPAK CHOKSI, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on
v. * Attorneys’ Fees and Costs.
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Amber D. Wilson, Maglio Christopher & Toale, PA, Washington, D.C., for petitioner.
Darryl R. Wishard, United States Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEYS’ FEES AND COSTS1
On July 22, 2014, Dipak Choksi (“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 a Tetanus-diptheria-acellular-pertussis (“Tdap”) vaccine on July 14,
2013, he developed Guillain-Barré Syndrome. Petition at ¶ 1, 7, docket no. 1, filed July 22, 2014.
On August 18, 2015, the parties filed a stipulation in which they agreed to an award of
compensation to petitioner. On that same day, the undersigned issued a decision adopting the
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 (2012)). 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-00641-UNJ Document 45 Filed 12/11/15 Page 2 of 2
parties’ stipulation for an award. See Decision on J. Stip., docket no. 35, filed Aug. 18, 2015.
On November 20, 2015, the parties filed a stipulation concerning attorneys’ fees and costs.
Petitioner requests a total award of attorneys’ fees and costs in the amount of $33,000.00. Stip. for
Fees and Costs ¶ 3, docket no. 40, filed Nov. 20, 2015. Respondent does not object. Id. In
accordance with General Order #9, petitioner represents that he did not incur any reimbursable
costs in pursuit of this claim. Id. at ¶ 4.
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 the parties’ stipulation, the undersigned GRANTS the
request for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
(1) in the form of a check jointly payable to petitioner and to petitioner’s attorney,
Amber D. Wilson, of Maglio Christopher & Toale, in the amount of $33,000.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court SHALL ENTER JUDGMENT in accordance herewith.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