VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00904
Package ID: USCOURTS-cofc-1_14-vv-00904
Petitioner: Sarah Elizabeth Reichard
Filed: 2014-09-25
Decided: 2016-03-30
Vaccine: Tdap
Vaccination date: 2013-08-02
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 103035

AI-assisted case summary:
Sarah Elizabeth Reichard filed a petition for vaccine compensation on September 25, 2014, alleging that the Tetanus-diphtheria-acellular pertussis (Tdap) vaccine she received on August 2, 2013, caused her to develop Guillain-Barré syndrome (GBS). The Tdap vaccine is listed on the Vaccine Injury Table. Respondent denied that the vaccine caused Ms. Reichard's GBS or any other injury. Despite this denial, the parties reached a joint stipulation to settle the case. The stipulation awarded Ms. Reichard a lump sum of $85,000.00 for all damages available under the program. Additionally, a lump sum of $18,035.43 was awarded for attorneys' fees and costs, payable jointly to petitioner and her attorney, Kelly D. Burdette of Burkett & Burdette. The decision adopting this stipulation was filed on March 30, 2016, by Special Master Christian J. Moran. The case was resolved through a settlement, with the court adopting the parties' agreement on compensation. The public decision does not describe the onset of symptoms, specific medical tests, or treatments. The specific mechanism of causation was not detailed in the public decision, but the Tdap vaccine is listed on the Vaccine Injury Table.

Theory of causation field:
Petitioner Sarah Elizabeth Reichard received a Tdap vaccination on August 2, 2013, and subsequently filed a petition for vaccine compensation on September 25, 2014, alleging Guillain-Barré syndrome (GBS) caused by the vaccine. The Tdap vaccine is listed on the Vaccine Injury Table. Respondent denied that the Tdap vaccination caused petitioner's GBS or any other injury. The parties reached a joint stipulation to settle the case, agreeing to an award of $85,000.00 for all damages and $18,035.43 for attorneys' fees and costs. Special Master Christian J. Moran adopted the stipulation as the decision of the Court on March 30, 2016. The public decision does not detail the specific medical experts, clinical findings, or the precise mechanism of causation, but notes the Tdap vaccine is a "Table" vaccine for GBS.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00904-0
Date issued/filed: 2016-03-30
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/08/2016) regarding 43 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (SP) Copy to parties.
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Case 1:14-vv-00904-UNJ Document 44 Filed 03/30/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
SARAH ELIZABETH REICHARD, * No. 14-904V
* Special Master Christian J. Moran
Petitioner, *
*
v. * Filed: March 8, 2016
*
SECRETARY OF HEALTH * Stipulation; tetanus-diphtheria-
AND HUMAN SERVICES, * acellular pertussis (“Tdap”)
* vaccination; Guillain-Barré syndrome
Respondent. * (“GBS”); attorneys’ fees and costs.
* * * * * * * * * * * * * * * * * * * * *
Kelly D. Burdette, Burkett & Burdette, Seattle, WA, for Petitioner;
Alexis B. Babcock, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On February 22, 2016, respondent filed the parties’ joint stipulation
concerning the petition for compensation filed by Sarah Elizabeth Reichard on
September 25, 2014. Petitioner alleges the tetanus-diphtheria-acellular pertussis
(“Tdap”) vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42
C.F.R. §100.3(a), and which Ms. Reichard received on August 2, 2013, caused her
to develop Guillain-Barré syndrome (“GBS”). Petitioner represents that there has
been no prior award or settlement of a civil action for damages on her behalf as a
result of her condition.
Respondent denies that petitioner's GBS was caused-in-fact by her Tdap
vaccination, and denies that the vaccine caused any other injury or her current
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-00904-UNJ Document 44 Filed 03/30/16 Page 2 of 7
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.
Compensation awarded in that stipulation includes:
a. A lump sum payment of $85,000.00 in the form of a check payable to
petitioner, Susan Elizabeth Reichard. This amount represents
compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a); and
b. A lump sum of $18,035.43, in the form of a check payable jointly to
petitioner and petitioner’s attorney, Kelly D. Burdette, of Burkett &
Burdette, for attorneys’ fees and costs available under 42 U.S.C.
§300aa-15(e), and, in compliance with General Order #9, no out-of-
pocket expenses were incurred by petitioner in proceeding on the
petition.
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 14-904V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Shannon Proctor, 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

Case 1:14-vv-00904-UNJ Document 44 Filed 03/30/16 Page 3 of 7
IN T11E UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECW.. MASTERS
)
SARAH ELIZABE1H REICHARD, )
)
Petitioner, )
) No.14-904V
v. ) Spedal Muter Moran
)
SECRETARY OF HEALTII AND )
HUMAN SERVICES, )
)
~pondent. )
The parties hereby stipulate to tho following matters:
1. On September 2S, 2014, Sarah Elil.abeth Reichard ("'petitioner") fiJed a petition for
vaccine compensation under the National Vaccine Injury Compensa1ion Program, 42 U.S.C.
§300aa-IO to 34 (the "Vaccine Propmj. The petition seeks compensation for injuries
allegedly related to petitioner's receipt of the Tctanus-diphtheria-acellular pertussis ("Tdap.,)
vaccine, which vaccine is ~eel in the Vaccine Injury Table (the "fable"), 42 C.F.R. f
lOOJ(a).
2. Petitioner received a Tdap immunization on August 2. 2013.
3. The vaccine was administered within the United States.
4. Petitloner alleges that she suffered fiom Guitlain Barre Syndrome ("G!JS") that was
caused· in· fact by her Tdap vaccination. Petitioner further alleges that she experienced residual
effects of this btjury for more than six months.
S. Petitioner represents that there bas been no prior award or settlement of a civil action
·I·

Case 1:14-vv-00904-UNJ Document 44 Filed 03/30/16 Page 4 of 7
for damages as a result of her alleged GBS.
6. Respondent denies that pedcloner's alleeed Injuries were causod·in·fact by her Tdap
vaccination, and denies that the vaccine caused any other iajury or her cwrent condition.
7. Maintainina their abovo-stated positions, the parties nevertheless now agree that tho
issues between them shall be settled and that a decision should be entered awarding the
compensadon descn1>ed in paraaraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with
the tams of this Stipulation, and after petitioner has filed an election to receive compensation
pursuantto 42 U.S.C. § 300aa-2l(aXl). the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
a. A lump sum of $85,000.00 in the form of a cbeclc payable to petitioner. This
amount represents compensation for all damaacs that would be available under 42
U.S.C. § 300u-1S{a}; and
b. A lump sum ofSl 8,035.43 In the form of a check payable jointly to petitioner and
petitioner's attorney, for attorney's fees and costs available under 42 U.S.C. §
300aa-1 S(e}, and in complianoc with Gc:ncral Order #9, no out-of-pocket
expenses wen: incwrcd by petitioner ln prc><icedlng on the petition.
9. Petitioner and her attorney represent that they have identified to respondent all known
sources of payment for items or services for which the Program is not primarily liable under 42
U.S.C. § 300aa·IS(&). including State compcmation programs, insurance policies, Federal or
State health benefits programs (other than Tide XlX of the Social Security Act (42 U.S.C. §
1396 et seq.)), or entities that provide health services on a pre-paid basis.
10. Payment made pursuant to paragraph 8 of this Stipulation will be made in accordance
with 42 U.S.C. § 300aa-1 S(i), subject to the availability of sufficient statutory funds.

Case 1:14-vv-00904-UNJ Document 44 Filed 03/30/16 Page 5 of 7
11. The parties and their attorneys further ap:e and stipulate that, except for any award
for attorney's fees and litigation costs and past umeimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the beneflt of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa·l S(a) and (d), and subject to the conditions of4 2 U.S.C.
§ 300aa-1S(g) and (b).
t 2. In return for the payments descrlbcd In parasraPfl 8, petitioner, in her individual
capacity, and on behalf of her heirs, executors, administrators, successors or assigns, does
fon:ver irrevocably and unconditionally release, acquit and discharae the United States and the
Secretary of Health and Human Services from any and all actions or causes of action (including
qrecments, Judaments, claims, damag~ loss of services, expenses and all demands of whatever
kind or nature) that have been brought, could have been brought. or could be timely brought in
the Court of Federal Claims, under the National Vaccine Injury Compensation Proaram, 42
U.S.C. § 300aa-10 ct seq., on account ot; or in any way growing out ot; any and all known or
unknown, suspcctcd or unsuspected personal injuries to or death of petitioner resultins from. or
alleged to have resulted from, tho Tdap vaccination administered on August 2, 2013 as alleged in
a petition for vaccine compensation filed on or about Scptanber lS, 2014, in tho United States
Court of Fede:al Claims as petition No. 14-904V.
13. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or bo1h of the parties.
14. If the special master fails to issue a decision in (:()ftlplete c;onfonnity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete confonnity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion ofe itha: party.
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Case 1:14-vv-00904-UNJ Document 44 Filed 03/30/16 Page 6 of 7
1S . This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of I 986, as amended. There
is absolutely no agreement on the part of the parties hereto to make any payment or to do any act
or thing other than is heicln expressly stated and clearly agreed to. The parties further aarce and
understand that the award dcsml>cd in 1his Stipulation may reflect a compromise of the parties'
rcspcctivc positions as to liability and/or amount of damages, and further, that a chanae in the
nature of the injury or condition or in the items of compensation sought, is not grounds to modify
or revise this agreement.
16. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Serviocs that the Tdap vaccine caused petitioner's alleged GBS,
or any other injury or her current disabilities.
17. All rights and obligations of petitioner hemlndcr shall apply equally to petitioner's
heirs, executors, administrators. successors, and/or assigns.
END OF STIPULATION
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Case 1:14-vv-00904-UNJ Document 44 Filed 03/30/16 Page 7 of 7
Respectfully submitted,
PETITIONER:
ATl'ORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
OF THE ATl'ORNEY GENERAL:
~t.A~ 4,;/{!@4¢
MXf
KELLY D. BURDETTE VINCENT J. ANOSKI
Attorney for Petitioner Deputy Director
Burkett & B\l'dette Torts Branch
2101Fourth Avenue Civil Division
Suite 1830 U.S.DeparbnentofJusticc
Seattle, WA 98121 P.O. Box 146
{206) 441-5597 Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRF.SENTATIVE A1TORNEY OF RECORD FOR
OF THE SECRET OF REA.LTD RESPONDENT:
AND BUMAN
{lQ.iLl~ &_90 ~-
N MD ALEXIS B. BABCOCK
Ac:tin& Director, Division of Senior Trial Attorney
Injury Compensation Programs (DICP) Torts Branch
Healthcare Systems Bureau Civil Division
U.S. Department of Health U.S. Dcpal1ment of Justice
and Hwnan Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
PBJklawn Building. Mail Stop 08NI 468 Washington, DC 20044-0146
Rockville, MD 20857 (202) 616-7678
a \a a. \ \(
Dated: a
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