VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00001 Package ID: USCOURTS-cofc-1_15-vv-00001 Petitioner: Jason Chevalier Filed: 2015-01-05 Decided: 2016-04-15 Vaccine: Tdap Vaccination date: 2012-09-21 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 140000 AI-assisted case summary: Jason Chevalier filed a petition for compensation on January 5, 2015, alleging that the tetanus, diphtheria, and acellular pertussis (Tdap) vaccine he received on September 21, 2012, caused him to develop Guillain-Barré Syndrome (GBS). The Tdap vaccine is listed on the Vaccine Injury Table. Mr. Chevalier claimed that he suffered residual effects from the GBS for more than six months. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused or aggravated Mr. Chevalier's GBS. Despite the denial, the parties reached a joint stipulation to resolve the case. The stipulation stated that Mr. Chevalier had not received any prior award or settlement for his condition. The court found the stipulation reasonable and adopted it as the decision of the Court. Mr. Chevalier was awarded a lump sum payment of $140,000.00 as compensation for all damages. The clerk was directed to enter judgment according to this decision and the stipulation. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00001-0 Date issued/filed: 2016-04-15 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 3/25/16) regarding 38 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (dh) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00001-UNJ Document 42 Filed 04/15/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * JASON CHEVALIER, * No. 15-001V * Special Master Christian J. Moran Petitioner, * * Filed: March 25, 2016 v. * * SECRETARY OF HEALTH * Stipulation; AND HUMAN SERVICES, * Tetanus, diphtheria, and acellular * pertussis (“Tdap”) vaccine; Respondent. * Guillain-Barré Syndrome (“GBS”). * * * * * * * * * * * * * * * * * * * * * * Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner; Christine Becer, U.S. Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On March 24, 2016, the parties filed a joint stipulation concerning the petition for compensation filed by Jason Chevalier on January 5, 2015. In his petition, petitioner alleged that the tetanus, diphtheria and acellular pertussis (“Tdap”) vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on September 21, 2012, caused him to suffer Guillain-Barré Syndrome (“GBS”). 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 damages on his behalf as a result of his 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 1:15-vv-00001-UNJ Document 42 Filed 04/15/16 Page 2 of 7 Respondent denies that the Tdap vaccine caused or aggravated petitioner’s alleged GBS or any other injury or his current condition. 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. Damages awarded in that stipulation include: A lump sum payment of $140,000.00 in the form of a check payable to petitioner, Jason Chevalier. 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 15-001V according to this decision and the attached stipulation.2 Any questions may be directed to my law clerk, Dan Hoffman, 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 1:15-vv-00001-UNJ Document 42 Filed 04/15/16 Page 3 of 7 Case 1:15-vv-00001-UNJ Document 42 Filed 04/15/16 Page 4 of 7 Case 1:15-vv-00001-UNJ Document 42 Filed 04/15/16 Page 5 of 7 Case 1:15-vv-00001-UNJ Document 42 Filed 04/15/16 Page 6 of 7 Case 1:15-vv-00001-UNJ Document 42 Filed 04/15/16 Page 7 of 7