VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00509 Package ID: USCOURTS-cofc-1_15-vv-00509 Petitioner: Adam Raszkiewicz Filed: 2015-05-18 Decided: 2016-03-14 Vaccine: Tdap Vaccination date: 2014-04-21 Condition: Guillain-Barré syndrome (“GBS”) Outcome: compensated Award amount USD: 145000 AI-assisted case summary: Adam Raszkiewicz filed a petition for compensation on May 18, 2015, alleging that the tetanus-diphtheria-acellular pertussis (Tdap) vaccine, received on April 21, 2014, caused him to develop Guillain-Barré syndrome (GBS). The Tdap vaccine is listed on the Vaccine Injury Table. Respondent, the Secretary of Health and Human Services, denied that the vaccination caused Mr. Raszkiewicz's GBS. Despite this denial, the parties reached a joint stipulation to resolve the case. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Mr. Raszkiewicz a lump sum payment of $145,000.00, payable by check to him, as compensation for all damages. The decision and award were issued on March 14, 2016. The public decision does not describe the onset of symptoms, specific clinical details, or any expert testimony. Petitioner was represented by Robert J. Krakow of the Law Office of Robert J. Krakow, P.C., and Respondent was represented by Darryl R. Wishard of the U.S. Department of Justice. Theory of causation field: Petitioner Adam Raszkiewicz alleged that the tetanus-diphtheria-acellular pertussis (Tdap) vaccine administered on April 21, 2014, caused Guillain-Barré syndrome (GBS). The Tdap vaccine is listed on the Vaccine Injury Table, which creates a presumption of causation for GBS. Respondent denied causation. The parties entered into a joint stipulation, which Special Master Christian J. Moran adopted. The stipulation resulted in an award of $145,000.00 for all damages. The public decision does not detail the specific mechanism of causation, expert testimony, or clinical evidence presented. Petitioner counsel was Robert J. Krakow, and Respondent counsel was Darryl R. Wishard. The decision date was March 14, 2016. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00509-0 Date issued/filed: 2016-03-14 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 02/19/2016) regarding 31 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (SP) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00509-UNJ Document 35 Filed 03/14/16 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * ADAM RASZKIEWICZ, * No. 15-509V * Special Master Christian J. Moran Petitioner, * * v. * Filed: February 19, 2016 * SECRETARY OF HEALTH * Stipulation; tetanus-diphtheria- AND HUMAN SERVICES, * acellular pertussis (“Tdap”) * vaccine; Guillain-Barré syndrome * (“GBS”). Respondent. * * * * * * * * * * * * * * * * * * * * * * Robert J. Krakow, Law Office of Robert J. Krakow, P.C., Washington, D.C., for Petitioner; Darryl R. Wishard, U.S. Dep’t of Justice, Washington, D.C., for Respondent. UNPUBLISHED DECISION1 On February 19, 2016, respondent filed the parties’ joint stipulation concerning the petition for compensation filed by Adam Raszkiewicz on May 18, 2015. 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 Mr. Raszkiewicz received on April 21, 2014, caused him to develop Guillain-Barré syndrome (“GBS”). Petitioner represents that there has been no prior award or settlement of a civil action for damages 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-00509-UNJ Document 35 Filed 03/14/16 Page 2 of 2 Respondent denies that the Tdap vaccination caused petitioner’s GBS or any other injury or 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 $145,000.00 in the form of a check payable to petitioner, Adam Raszkiewicz. 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 15-509V 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