VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00036
Package ID: USCOURTS-cofc-1_15-vv-00036
Petitioner: Wahib Mashini
Filed: 2016-07-27
Decided: 2016-08-31
Vaccine: Tdap
Vaccination date: 2013-02-28
Condition: Guillain-Barré Syndrome (“GBS”) and Bell’s Palsy
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Wahib Mashini filed a petition on July 27, 2016, alleging that the Tetanus-Diphtheria-Acellular Pertussis (Tdap) vaccine administered on February 28, 2013, caused him to develop Guillain-Barré Syndrome (GBS) and Bell's Palsy. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused these conditions. Despite the denial, both parties filed a joint stipulation agreeing to an award of compensation. The Special Master found the stipulation reasonable and adopted it as the decision. Wahib Mashini was awarded a lump sum of $50,000.00, representing compensation for all damages available under the program. The parties also stipulated to waive their right to seek review of the decision. Petitioner counsel was Paul Brazil of Muller & Brazil, LLP, and respondent counsel was Julia McInerny of the United States Department of Justice. Special Master Lisa Hamilton-Fieldman issued the decision.

Theory of causation field:
Petitioner Wahib Mashini alleged that the Tdap vaccine administered on February 28, 2013, caused Guillain-Barré Syndrome (GBS) and Bell's Palsy. The respondent denied causation. The parties filed a joint stipulation for compensation, which the Special Master adopted. Petitioner received a lump sum award of $50,000.00, representing all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific medical theory of causation, onset, symptoms, diagnostic tests, treatments, or expert testimony. Special Master Lisa Hamilton-Fieldman issued the decision on August 31, 2016. Attorneys for the petitioner were Paul Brazil and for the respondent was Julia McInerny.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00036-0
Date issued/filed: 2016-08-31
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/27/2016) regarding 35 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (pn) Copy to parties.
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Case 1:15-vv-00036-UNJ Document 45 Filed 08/31/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-36V
Filed: July 27, 2016
* * * * * * * * * * * * * * * * UNPUBLISHED
WAHIB MASHINI, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Tetanus-Diphtheria-Acellular
* Pertussis (“TDap”) Vaccine;
SECRETARY OF HEALTH * Guillain Barré Syndrome (“GBS”);
AND HUMAN SERVICES, * Bell’s Palsy.
*
Respondent. *
* * * * * * * * * * * * * * * *
Paul Brazil, Muller & Brazil, LLP, Washington, D.C., for Petitioner.
Julia McInerny, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On January 12, 2015, Wahib Mashini (“Petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 Petitioner alleged that the administration of
the Tetanus-Diphtheria-Acellular Pertussis (“TDap”) vaccine, on February 28, 2013, caused him
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 purposes espoused in the E-Government Act of 2002. See 44
U.S.C. § 3501 (2012). 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, 42 U.S.C. §§ 300aa-1 to -34 (2012).
1

Case 1:15-vv-00036-UNJ Document 45 Filed 08/31/16 Page 2 of 2
to develop Guillain-Barré Syndrome (“GBS”) and Bell’s Palsy.
On July 27, 2016, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation. Respondent denies that the TDap vaccine is the cause of
Petitioner’s alleged GBS, Bell’s Palsy, or any other injury. Nevertheless, the parties agree to the
joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation
reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth
therein.
The parties stipulate that Petitioner shall receive “a lump sum of $50,000.00 in the form
of a check payable to [P]etitioner.” Appendix A at 2, ECF No. 23-1. They also specify that this
“amount represents compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a).” Id.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
3 Entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek
review. Vaccine Rule 11(a).
2