VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00750 Package ID: USCOURTS-cofc-1_15-vv-00750 Petitioner: Paul Balek Filed: 2015-04-06 Decided: 2018-04-06 Vaccine: Tdap Vaccination date: 2012-08-14 Condition: Complex Regional Pain Syndrome (CRPS) Outcome: compensated Award amount USD: 25000 AI-assisted case summary: Petitioner Paul Balek filed a claim on April 6, 2015, alleging that he suffered from Complex Regional Pain Syndrome (CRPS) caused by a tetanus-diphtheria (Tdap) vaccine administered on August 14, 2012. He further alleged that the residual effects of this injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused the petitioner's CRPS or any other injury. The parties subsequently reached a stipulation to resolve the case informally. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded Paul Balek $25,000.00 in compensation for all damages. The award was to be paid as a lump sum check made payable to the petitioner. Edward M. Kraus represented the petitioner, and Camille M. Collett represented the respondent. The decision was issued on April 6, 2018. Theory of causation field: Petitioner alleged that a Tdap vaccine administered on August 14, 2012, caused him to suffer from Complex Regional Pain Syndrome (CRPS) with residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case, and the Special Master adopted the stipulation, awarding $25,000.00 in damages. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical information regarding the alleged CRPS or its onset. The attorneys involved were Edward M. Kraus for the petitioner and Camille M. Collett for the respondent. Special Master Laura D. Millman issued the decision on April 6, 2018. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00750-0 Date issued/filed: 2018-05-01 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/06/2018) regarding 47 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:15-vv-00750-UNJ Document 51 Filed 05/01/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-750 Filed: April 6, 2018 Not for Publication ************************************* PAUL BALEK, * * Petitioner, * * Damages decision based on stipulation; v. * tetanus-diphtheria (Tdap) vaccine; * complex regional pain syndrome (CRPS) * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Edward M. Kraus, Chicago, IL, for petitioner. Camille M. Collett, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On April 5, 2018, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that he suffered from a Complex Regional Pain Syndrome (“CRPS”) that was caused by his receipt of tetanus-diphtheria (“Tdap”) vaccine on August 14, 2012. He further alleges that he experienced the residual effects of this injury for more than six months. Respondent denies that the Tdap vaccine caused petitioner to suffer CRPS or any other injury. Nonetheless, the parties agreed to resolve this matter informally. 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to delete such information prior to the document’s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall delete such material from public access. Case 1:15-vv-00750-UNJ Document 51 Filed 05/01/18 Page 2 of 7 The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of $25,000.00, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2012). The award shall be in the form of a check for $25,000.00 made payable to petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2 IT IS SO ORDERED. Dated: April 6, 2018 s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2 CCaassee 11::1155--vvvv--0000775500--UUNNJJ DDooccuummeenntt 4561 FFiilleedd 0045//0051//1188 PPaaggee 13 ooff 57 CCaassee 11::1155--vvvv--0000775500--UUNNJJ DDooccuummeenntt 4561 FFiilleedd 0045//0051//1188 PPaaggee 24 ooff 57 CCaassee 11::1155--vvvv--0000775500--UUNNJJ DDooccuummeenntt 4561 FFiilleedd 0045//0051//1188 PPaaggee 35 ooff 57 CCaassee 11::1155--vvvv--0000775500--UUNNJJ DDooccuummeenntt 4561 FFiilleedd 0045//0051//1188 PPaaggee 46 ooff 57 CCaassee 11::1155--vvvv--0000775500--UUNNJJ DDooccuummeenntt 4561 FFiilleedd 0045//0051//1188 PPaaggee 57 ooff 57