VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00713
Package ID: USCOURTS-cofc-1_15-vv-00713
Petitioner: Thomas Shinskey
Filed: 2015-09-15
Decided: 2020-10-13
Vaccine: Tdap
Vaccination date: 2012-07-30
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 170000

AI-assisted case summary:
Thomas Shinskey filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he developed Guillain-Barré Syndrome (GBS) as a result of receiving a Tdap vaccine on July 30, 2012. The Tdap vaccine is listed on the Vaccine Injury Table, and Mr. Shinskey alleged that his GBS was caused-in-fact by the vaccination. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the injury but agreed to a settlement. The parties filed a stipulation for award, agreeing that a decision should be entered awarding compensation. The court adopted the stipulation and awarded Mr. Shinskey a lump sum of $170,000.00 for all damages. This award represents a settlement of liability and damages, with the respondent not admitting that the vaccine caused the GBS. The case was resolved through this stipulation, and judgment was entered accordingly.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00713-0
Date issued/filed: 2015-10-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/15/2015) regarding 9 DECISION Interim Fees Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:15-vv-00713-UNJ Document 14 Filed 10/21/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-713V
Filed: September 15, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
THOMAS SHINSKEY, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation;
v. * Attorneys’ Fees and Costs
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Mindy M. Roth, Britcher, Leone & Roth, LLC, Glenn Rock, NJ, for petitioner.
Heather L. Pearlman, United States Department of Justice, Washington, DC, for respondent.
DECISION ON INTERIM ATTORNEYS’ FEES AND COSTS1
On July 9, 2015, Thomas Shinskey (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that as a result of receiving a Diptheria-Tetanus-Pertussis (“DTP”) vaccine on July 30, 2012, he
developed Guillain-Barré Syndrome. Petition at Preamble.
On September 11, 2015, the parties filed a stipulation concerning interim attorneys’ fees
and costs. Petitioner requests a total award of interim attorneys’ fees and costs in the amount of
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 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)). As provided by Vaccine Rule
18(b), 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, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:15-vv-00713-UNJ Document 14 Filed 10/21/15 Page 2 of 2
$5,648.87. Stip. for Fees and Costs ¶ 3. Respondent does not object. Id. In accordance with
General Order #9, petitioner’s counsel represents that petitioner did not incur any reimbursable
costs in pursuit of this claim. Id. at ¶ 4.
The Vaccine Act permits an award of reasonable interim attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). Based on the reasonableness of the parties’ stipulation, the undersigned
GRANTS the request for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
(1) A check jointly payable to petitioner and to petitioner’s attorney, Mindy M. Roth,
of Britcher, Leone & Roth, LLC, in the amount of $5,648.87.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court SHALL ENTER JUDGMENT in accordance herewith.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-00713-2
Date issued/filed: 2020-10-13
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/23/20) regarding 105 DECISION Stipulation/Proffer. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made.
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Case 1:15-vv-00713-UNJ Document 109 Filed 10/13/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: September 23, 2020
* * * * * * * * * * * * *
THOMAS SHINSKEY, * UNPUBLISHED
*
Petitioner, * No. 15-713V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Stipulation for Award;
AND HUMAN SERVICES, * Tetanus-diphtheria and
* pertussis (“Tdap”); Guillain
Respondent. * Barré Syndrome (“GBS”).
*
* * * * * * * * * * * * *
Amber D. Wilson, Wilson Science Law, Washington, D.C., for petitioner.
Voris E. Johnson, U.S. Department of Justice, Washington, D.C., for respondent.
DECISION FOR STIPULATION1
On July 9, 2015, Thomas Shinskey (“petitioner”), filed a petition for compensation under
the National Vaccine Injury Program.2 Petition (ECF No. 1). Petitioner received the Tdap
vaccine on July 30, 2012. Petition at Preamble; Stipulation (“Stip.”) at ¶ 2 (ECF No. 104).
Petitioner alleges that as a result of receiving the Tdap vaccination, he suffered Guillain Barré
Syndrome (“GBS”). Stip. at ¶ 4.
On September 23, 2020, respondent filed a stipulation providing that a decision should be
entered awarding compensation to petitioner. Respondent denies that the Tdap vaccine was the
cause of petitioner’s alleged injuries, or any other injury or his current condition. Id. at ¶ 6.
Nevertheless, maintaining their respective positions, the parties now agree that the issues
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a
reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of
Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the
opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s
website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the
decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the
court’s website without any changes. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine
Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012)
(Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. §
300aa.

Case 1:15-vv-00713-UNJ Document 109 Filed 10/13/20 Page 2 of 7
between them shall be settled and that a decision should be entered awarding the compensation
to the petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶
7.
The stipulation provides:
1) A lump sum of $170,000.00 in the form of a check payable to petitioner, Thomas
Shinskey, which amount represents compensation for all damages that would be
available under 42 U.S.C. §300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount
and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in
accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule
11(a).
2

Case 1:15-vv-00713-UNJ Document 109 Filed 10/13/20 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
THOMAS SHINSKEY, )
)
Petitioner, )
) No. 15-713V (ECF)
v. ) Special Master Gowen
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
STIPULATION
The parties hereby stipulate to the following matters:
1. Thomas Shinskey (“petitioner”) filed a petition for vaccine compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the “Vaccine
Program”). The petition seeks compensation for injuries allegedly sustained following
petitioner’s receipt of a Tdap vaccine, which vaccine is contained in the Vaccine Injury Table
(the “Table”), 42 C.F.R. §100.3(a).
2. Petitioner received the Tdap vaccine on July 30, 2012.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he suffered Guillain-Barré syndrome (“GBS”) that was
caused-in-fact by his receipt of the Tdap vaccine. Petitioner further alleges that he experienced
the residual effects of his GBS for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil
action for damages as a result of his condition.
6. Respondent denies that the Tdap vaccine caused petitioner’s alleged GBS and

Case 1:15-vv-00713-UNJ Document 109 Filed 10/13/20 Page 4 of 7
residual effects, or any other injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that
the issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent
with the terms of this Stipulation, and after petitioner has filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of $170,000.00 in the form of a check payable to petitioner,
Thomas Shinskey, which amount represents compensation for all damages
that would be available under 42 U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys’ fees and costs incurred in proceeding
upon this petition.
10. Petitioner and his attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act, 42 U.S.C. § 1396
et seq.), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
2

Case 1:15-vv-00713-UNJ Document 109 Filed 10/13/20 Page 5 of 7
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any
award for attorneys’ fees and litigation costs, and past unreimbursable expenses, the money
provided pursuant to this Stipulation will be used solely for the benefit of petitioner, as
contemplated by a strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the
conditions of 42 U.S.C. § 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in his
individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the Secretary of
Health and Human Services and the United States of America from any and all actions or causes
of action (including agreements, judgments, claims, damages, 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 Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out
of, any and all known or unknown, suspected or unsuspected personal injuries to, or death of,
petitioner resulting from, or alleged to have resulted from, the Tdap vaccine administered on July
30, 2012, as alleged by petitioner in a petition for vaccine compensation filed on or about July 9,
2015, in the United States Court of Federal Claims as petition No. 15-713V.
14. If petitioner should die prior to entry of judgment, this agreement shall be
voidable upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity 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 conformity with the terms of this Stipulation, then the parties’
3

Case 1:15-vv-00713-UNJ Document 109 Filed 10/13/20 Page 6 of 7
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability
and damages claimed under the National Vaccine Injury Act of 1986, as amended, except as
otherwise noted in paragraph 9 above. 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 herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States of
America or the Secretary of Health and Human Services that petitioner’s alleged GBS and
residual effects, or any other injury, were caused by the Tdap vaccine.
18. All rights and obligations of petitioner hereunder shall apply equally to
petitioner’s heirs, successors and/or assigns.
END OF STIPULATION
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Case 1:15-vv-00713-UNJ Document 109 Filed 10/13/20 Page 7 of 7