VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00882 Package ID: USCOURTS-cofc-1_14-vv-00882 Petitioner: Kirstin Poma Filed: 2015-04-29 Decided: 2015-05-22 Vaccine: Tdap Vaccination date: 2012-12-06 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 110000 AI-assisted case summary: Kirstin Poma filed a petition for compensation under the National Vaccine Injury Compensation Program on April 29, 2015, alleging that she suffered Guillain-Barré syndrome (GBS) caused by the tetanus, diphtheria, acellular pertussis (Tdap) vaccine she received on December 6, 2012. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccination caused Ms. Poma's GBS or any other injury. Despite the denial, the parties reached a settlement agreement. The joint stipulation stated that the respondent would pay Ms. Poma a lump sum of $110,000.00 as compensation for all damages. Chief Special Master Denise Kathryn Vowell adopted the stipulation and awarded the compensation. The decision directed the clerk of the court to enter judgment in accordance with the decision, unless a motion for review was filed. Petitioner counsel was Lawrence Cohan, Esq. Respondent counsel was Camille Collett, Esq. The public decision does not describe the onset of symptoms, specific clinical details, or expert testimony. Theory of causation field: Petitioner Kirstin Poma alleged that the Tdap vaccine administered on December 6, 2012, caused her Guillain-Barré syndrome (GBS). Respondent denied causation. The parties reached a settlement, and the case was resolved via joint stipulation. The Special Master adopted the stipulation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Petitioner was awarded $110,000.00 as a lump sum for all damages. Chief Special Master Denise Kathryn Vowell issued the decision on May 22, 2015. Petitioner was represented by Lawrence Cohan, Esq., and respondent by Camille Collett, Esq. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00882-0 Date issued/filed: 2015-05-22 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/29/2015) regarding 20 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00882-UNJ Document 28 Filed 05/22/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-882V Filed: April 29, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * KIRSTIN POMA, * * Petitioner, * Joint Stipulation on Damages; * Tetanus, Diptheria, acellular Pertussis; * Tdap; Guillain-Barré Syndrome; GBS; SECRETARY OF HEALTH * Special Processing Unit; AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Lawrence Cohan, Esq., Anapol, Schwartz, et al., Philadelphia, PA, for petitioner. Camille Collett, Esq., U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Vowell, Chief Special Master: On September 22, 2014, Kirstin Poma filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,2 [the “Vaccine Act” or “Program”]. Petitioner alleges that she suffered Guillain-Barré syndrome (GBS) caused by the tetanus, diphtheria, acellular pertussis (Tdap) vaccine she received on December 11, 2012.3 Respondent denies that Tdap vaccination caused petitioner’s GBS or any other injury. Stipulation, ¶ 6. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post it 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), petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact 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 (2006). 3 Petition at 1. Although the petition indicated the vaccine was administered on December 11, 2012, the medical records indicate the correct date is December 6, 2012. Compare Petition at 1 with Petitioner’s Exhibit 2, p. 8. In the stipulation filed by the parties, they indicated the vaccine was received on or about December 6, 2012. Stipulation, filed Apr. 28, 2015, ¶ 2. Case 1:14-vv-00882-UNJ Document 28 Filed 05/22/15 Page 2 of 7 Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On April 28, 2015, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to pay petitioner a lump sum of $110,000.00 in the form of a check payable to petitioner. Stipulation, ¶ 8. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.4 s/Denise K. Vowell Denise K. Vowell Chief Special Master 4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 Case 1:14-vv-00882-UNJ Document 28 Filed 05/22/15 Page 3 of 7 Case 1:14-vv-00882-UNJ Document 28 Filed 05/22/15 Page 4 of 7 Case 1:14-vv-00882-UNJ Document 28 Filed 05/22/15 Page 5 of 7 Case 1:14-vv-00882-UNJ Document 28 Filed 05/22/15 Page 6 of 7 Case 1:14-vv-00882-UNJ Document 28 Filed 05/22/15 Page 7 of 7