VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00880 Package ID: USCOURTS-cofc-1_14-vv-00880 Petitioner: Kenneth Bible Filed: 2014-09-22 Decided: 2018-08-13 Vaccine: Tdap Vaccination date: 2012-10-25 Condition: Guillain-Barré syndrome and chronic inflammatory demyelinating polyneuropathy Outcome: compensated Award amount USD: 118000 AI-assisted case summary: On September 22, 2014, Kenneth Bible filed a petition for compensation alleging that the tetanus-diphtheria-acellular pertussis (Tdap) vaccine he received on October 25, 2012, caused him to suffer Guillain-Barré syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP), with residual effects lasting more than six months. The Tdap vaccine is listed on the Vaccine Injury Table. Mr. Bible passed away on August 21, 2017, and his wife, Judy Walker Bible, continued the claim as the administratrix of his estate. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or aggravated Mr. Bible's condition. Despite this denial, the parties filed a joint stipulation agreeing to compensation. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded a lump sum payment of $118,000.00 to the estate of Kenneth Bible, payable to Judy Walker Bible as legal representative. This amount was intended to compensate for all damages available under the program. The decision noted that the parties could expedite the entry of judgment by filing a notice renouncing the right to seek review. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case. Lawrence R. Cohan and David J. Carney of Anapol Weiss represented the petitioner, and Jennifer L. Reynaud represented the respondent. Theory of causation field: Petitioner Kenneth Bible alleged that the Tdap vaccine administered on October 25, 2012, caused Guillain-Barré syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP), with residual effects lasting over six months. The Tdap vaccine is listed on the Vaccine Injury Table. The respondent denied causation. The case was resolved via a joint stipulation for compensation after Mr. Bible's death, with his estate continuing the claim. Special Master Christian J. Moran adopted the stipulation, awarding $118,000.00 to the estate for all damages. The public decision does not detail the specific mechanism of injury, expert testimony, or the evidence considered beyond the stipulation. Petitioner counsel was Anapol Weiss (Lawrence R. Cohan & David J. Carney), and respondent counsel was the Department of Justice (Jennifer L. Reynaud). The decision date was August 13, 2018. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00880-0 Date issued/filed: 2018-08-13 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 7/13/2018) regarding 92 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (abs) Service on parties made. -------------------------------------------------------------------------------- Case 1:14-vv-00880-UNJ Document 97 Filed 08/13/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * JUDY WALKER BIBLE, * Administratix of the estate of * No. 14-880V KENNETH BIBLE, deceased, * Special Master Christian J. Moran * Petitioner, * Filed: July 13, 2018 * v. * Stipulation; tetanus-diphtheria * acellular pertussis vaccine (“Tdap”); SECRETARY OF HEALTH * Guillain-Barré syndrome (“GBS”); AND HUMAN SERVICES, * chronic inflammatory demyelinating * polyneuropathy (“CIDP”) Respondent. * * * * * * * * * * * * * * * * * * * * * * Lawrence R. Cohan & David J. Carney, Anapol Weiss, Philadelphia, PA, for Petitioner; Jennifer L. Reynaud, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On July 6, 2018, the parties filed a joint stipulation concerning the petition for compensation filed by Kenneth Bible on September 22, 2014. Petitioner alleged that the tetanus-diphtheria-acellular pertussis vaccine he received on October 25, 2012, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer Guillain-Barré syndrome and chronic inflammatory demyelinating polyneuropathy. 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 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-00880-UNJ Document 97 Filed 08/13/18 Page 2 of 7 damages on his behalf as a result of his condition. Following Mr. Bible’s passing on August 21, 2017, his wife, Judy Walker Bible, continued to pursue the vaccine claim on behalf of his estate. Respondent denies that the vaccines either caused or significantly aggravated petitioner’s alleged injury or any other injury, and denies that petitioner's current disabilities are the result of a vaccine-related injury. Nevertheless, the parties agree to the joint stipulation, attached hereto. 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 $118,000.00 in the form of a check payable to petitioner as legal representative of the estate of Kenneth Bible. 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 14-880V according to this decision and the attached stipulation.2 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 Case 1:14-vv-00880-UNJ Document 97 Filed 08/13/18 Page 3 of 7 Case 1:14-vv-00880-UNJ Document 97 Filed 08/13/18 Page 4 of 7 Case 1:14-vv-00880-UNJ Document 97 Filed 08/13/18 Page 5 of 7 Case 1:14-vv-00880-UNJ Document 97 Filed 08/13/18 Page 6 of 7 Case 1:14-vv-00880-UNJ Document 97 Filed 08/13/18 Page 7 of 7