VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01099 Package ID: USCOURTS-cofc-1_15-vv-01099 Petitioner: Dalton Truax, III Filed: 2015-09-30 Decided: 2017-07-26 Vaccine: tetanus-diphtheria Vaccination date: 2012-09-16 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 120000 AI-assisted case summary: On September 30, 2015, Dalton Truax, III filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered Guillain-Barré Syndrome (GBS) after receiving a tetanus-diphtheria vaccine on or about September 16, 2012. The respondent denied that the vaccine caused the alleged GBS or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on July 26, 2017, agreeing to an award of compensation. Special Master Thomas L. Gowen found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Dalton Truax, III was awarded a lump sum of $120,000.00, representing compensation for all items of damages available under the Vaccine Act. The decision was entered on July 26, 2017. The public decision does not describe the petitioner's counsel, respondent's counsel, specific onset symptoms, medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner Dalton Truax, III alleged Guillain-Barré Syndrome (GBS) following a tetanus-diphtheria vaccination on or about September 16, 2012. Respondent denied causation. The parties filed a joint stipulation for compensation, which Special Master Thomas L. Gowen adopted. The stipulation resulted in an award of $120,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01099-0 Date issued/filed: 2017-08-23 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/27/2017) regarding 47 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01099-UNJ Document 51 Filed 08/23/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: July 27, 2017 * * * * * * * * * * * * * DALTON TRUAX, III, * * UNPUBLISHED Petitioner, * Special Master Gowen * v. * No. 15-1099V * SECRETARY OF HEALTH * Joint Stipulation; Tetanus-Diphtheria AND HUMAN SERVICES, * Vaccine; Guillain-Barré Syndrome * (GBS) Respondent. * * * * * * * * * * * * * * * Jessica Wittmer Hayes, Murray Law Firm, New Orleans, LA, for petitioner. Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON STIPULATION1 On September 30, 2015, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that he suffered Guillain-Barré Syndrome (GBS) after receiving a tetanus- diphtheria vaccine on or about September 16, 2012. Petition at 1; Stipulation, filed July 26, 2017, at ¶ 1. “Respondent denies that the tetanus-diphtheria vaccine is the cause of petitioner’s alleged GBS, and/or any other injury or his current condition. ” Stipulation at ¶ 6. Nevertheless, on July 26, 2017, the parties filed the attached stipulation, stating that a decision should be entered awarding compensation. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation: 1 Because this decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the website of the United States Court of Federal Claims, pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012). The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the decision 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 decision will be posted on the court’s website. Id. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:15-vv-01099-UNJ Document 51 Filed 08/23/17 Page 2 of 7 A lump sum of $120,000.00, in the form of a check payable to petitioner. This amount represents compensation for all items of damages that would be available under 42 U.S.C. § 300aa-15(a). The undersigned approves the requested amount for petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 CCaassee 11::1155--vvvv--0011009999--UUNNJJ DDooccuummeenntt 4561 FFiilleedd 0078//2263//1177 PPaaggee 13 ooff 57 CCaassee 11::1155--vvvv--0011009999--UUNNJJ DDooccuummeenntt 4561 FFiilleedd 0078//2263//1177 PPaaggee 24 ooff 57 CCaassee 11::1155--vvvv--0011009999--UUNNJJ DDooccuummeenntt 4561 FFiilleedd 0078//2263//1177 PPaaggee 35 ooff 57 CCaassee 11::1155--vvvv--0011009999--UUNNJJ DDooccuummeenntt 4561 FFiilleedd 0078//2263//1177 PPaaggee 46 ooff 57 CCaassee 11::1155--vvvv--0011009999--UUNNJJ DDooccuummeenntt 4561 FFiilleedd 0078//2263//1177 PPaaggee 57 ooff 57