VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00177 Package ID: USCOURTS-cofc-1_16-vv-00177 Petitioner: Roger M. Steck Filed: 2016-02-05 Decided: 2017-07-28 Vaccine: tetanus, hepatitis A, hepatitis B Vaccination date: 2013-06-27 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 700000 AI-assisted case summary: Roger M. Steck filed a petition for vaccine compensation on February 5, 2016, alleging that the tetanus, hepatitis A, and hepatitis B vaccines he received on June 27, 2013, caused him to suffer Guillain-Barré syndrome (GBS) and that he experienced residual effects of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused or aggravated his condition. The parties reached a stipulation to settle the case, which was adopted by Special Master Christian J. Moran. The stipulation stated that the petitioner received the tetanus, hepatitis A, and hepatitis B vaccines on June 27, 2013, within the United States. Petitioner alleged GBS and residual effects lasting more than six months. Respondent denied causation and aggravation. The stipulation provided for a lump sum payment of $700,000.00, payable to Roger M. Steck, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was filed on July 28, 2017. Petitioner was represented by Steven Michael Cohen of HoganWillig, and respondent was represented by Darryl R. Wishard of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details of the GBS, diagnostic tests, treatments, or expert witnesses. Theory of causation field: Petitioner Roger M. Steck received tetanus, hepatitis A, and hepatitis B vaccines on June 27, 2013. He alleged that these vaccines caused Guillain-Barré syndrome (GBS) and residual effects lasting more than six months. The respondent denied causation. The parties entered into a stipulation, agreeing to settle the case. The Special Master adopted the stipulation, awarding petitioner $700,000.00 as compensation for all damages. The theory of causation is based on the Vaccine Injury Table (Table) for GBS. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. The attorneys involved were Steven Michael Cohen for the petitioner and Darryl R. Wishard for the respondent. Special Master Christian J. Moran issued the decision on July 28, 2017. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00177-0 Date issued/filed: 2017-07-28 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 06/27/2017) regarding 44 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (SP) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00177-UNJ Document 48 Filed 07/28/17 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * ROGER M. STECK, * * No. 16-177V Petitioner, * Special Master Christian J. Moran * v. * Filed: June 27, 2017 * SECRETARY OF HEALTH * Stipulation; Tetanus vaccine; AND HUMAN SERVICES, * Hepatitis A vaccine; Hepatitis B * vaccine; Guillain-Barré * syndrome (“GBS”). Respondent. * * * * * * * * * * * * * * * * * * * * * * Steven M. Cohen, HoganWillig, Getzville, NY, for Petitioner; Darryl R. Wishard, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On June 27, 2017, the parties filed a joint stipulation concerning the petition for compensation filed by Roger M. Steck on February 5, 2016. In his petition, petitioner alleged that the tetanus, hepatitis A, and hepatitis B vaccines, which are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on June 27, 2013, caused him to suffer Guillain-Barré syndrome. Petitioner further alleges that he suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf 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 1:16-vv-00177-UNJ Document 48 Filed 07/28/17 Page 2 of 8 Respondent denies that the vaccines either caused or significantly aggravated petitioner’s alleged injury or any other injury, and denies that petitioner's current disabilities are the result of a vaccine-related injury. Nevertheless, the parties agree to the joint stipulation, attached hereto. 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 $700,000.00 in the form of a check payable to petitioner, Roger M. Steck. 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 16-177V according to this decision and the attached stipulation.2 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 Case 1:16-vv-00177-UNJ Document 48 Filed 07/28/17 Page 3 of 8 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) ROGER M. STECK. ) ) Petitioner. ) No. I 6-I 77Y F:CF ) v. ) Special Master Moran ) ECRETARY OF HEALTll ) A D HUMA SERVICE . ) ) ______R_es_pon_de_nt. _____ ) ) STIPULATION The parties hereby stipulate to the fol lowing mailers: I. Petitioner. Roger M. Steck. filed a petition f()r vaccine compensation under the National Vaccine Injury Compensation Program. 42 U ..C . ~~ 300aa-I 0 to 34 (the "Vaccine Program"). The petition seek compensation for injurie allegedly related to petitioner's receipt of the tetanus. hepatitis A. and hepatitis B vaccines ("vaccines"). which are contained in the Vaccine Injury Table (the "Table"). 42 C.F.R. ~ I 00.3(a). 1 2. On June 27. 2013. petitioner received the vaccines. 3. The vaccines were administered" ithin the United Stale . 4. Petitioner alleges that. as a result of receiving the vaccines. he suffered from Guillain-Barre syndrome ("GBS"). and that he experienced symptoms of this injury for more than six months. 5. Petitioner represents that there has been no prior award or settlement ora civil action I l'c.:titionc.:r also rc.:cci\C.:U the t~ rhniu \rogrnrn. Case 1:16-vv-00177-UNJ Document 48 Filed 07/28/17 Page 4 of 8 for damages as a result of hi alleged injuries. 6. Respondent denies that the vaccines either caused or significantly aggravated petitioner's alleged injury or any other injury. and denies that petitioner·s current di abilities arc the result of a vaccine-related 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-2 I (a)( I). the Secretary or Health and Human ervices will issue the following vaccine compensation payment: A lump sum of $700.000.00. in the form or a check payable to petitioner. This amount represents compensation for all damages that \\Ou Id be available under .f2 U .S.C. ~ 300aa-I 5{a). 9. As soon as practicable after the entry of"judgmcnt 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. Section 300aa-2 I (a)( I). 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. I 0. Petitioner and his attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for'' hich the Program is not primarily liable under 42 U .S.C. ~ 300aa-I 5(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 2 Case 1:16-vv-00177-UNJ Document 48 Filed 07/28/17 Page 5 of 8 tate 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 of this Stipulation. and any amounts awarded pursuant to paragraph 9 of this Stipulation. will be made in accordance with 42 U.S.C. § 300aa-l 5(i). subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that. except for an) award for attorneys· fees and litigation costs. the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner. as contemplated by a strict construction of -l2 U.S.C. § 300aa-l 5(a) and (d). and subject to the conditions or 42 U.S.C. §§ 300aa-l 5(g) and (h). 13. In return for the payments de cribed 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 United States and the Secretary of Health and Human Services from any and all actions. causes of action (including agreements. judgments. claims. damage . loss or services. expenses and all demands or 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-I 0 et seq .. on account of. or in any \\a)' growing out or 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 vaccines administered on June 27. 2013. as alleged by petitioner in a petition for vaccine compensation filed on or about February 5. 2016. in the United States Court of Federal Claims as petition No. l 6-I 77V. 14. If petitioner should die prior to entr) orjudgment. this agreement shall be voidable 3 Case 1:16-vv-00177-UNJ Document 48 Filed 07/28/17 Page 6 of 8 upon proper notice to the Court on behalf of either or both of the parties. 15. lf the special ma ter fails to issue a decision in complete conformity with the terms of this tipulation or if the Court of Federal Claim fails to enter judgment in conformity " ith a decision that is in complete conformity with the terms of this Stipulation. then the parties· settlement and this Stipulation shall be voidable at the sole discretion or either party. 16. This Stipulation ex pre ses a full and complete negotiated settlement of liabilit) and damages claimed under the ational Childhood Vaccine Injury Act of 1986. as amended. except as otherwise noted in paragraph 9 above. There is ab olutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein express!) 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 or 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 or the Secretary of Health and Human Services that the vaccines received by petitioner either caused or significantly aggravated petitioner's alleged injury or any other injury. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner·s heirs. executors. administrators. successors. and/or a signs. END OF STIPULATION Case 1:16-vv-00177-UNJ Document 48 Filed 07/28/17 Page 7 of 8 Respectfully submitted, PETITIONER: -/ ri:· Dc , ., /?/ '-~-/CC k__ 1 ROGER M-. STECK ATTORNEY OF RF.CORD FOR AUTHORIZED REPRESF.NTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ./ //'/ -·~/L·_· -- ~ ~N MICHAEL COHEN CATHARINE E. REEVES Hogan Willig Si-... vc."1 /0. G.Yl ·.e-i Deputy Director 2410 North forest Road, Suite 20 I Torts 13 ranch Amherst, NY 14068 Civil Division (716) 636-7600 U.S. Department of Justi<.:e P.O. Box 146 Benjamin franklin Station Washington. DC 20044-0146 ATTORNEY OF RECORD FOR OF THE SE Rli:SPONDENT: AND~UM /.( ~- ... DARRYL R. WISHl\RD Director, Division of Injury Scnior Trial Atlorncy Compensation Programs Torts Brandi Healthcare Systems Bureau Civil Division U.S. Department of Health U.S. Department of Justice and Human Services P.O. Box 146 5600 Fishers Lane Benjamin Franklin Station Parklawn Building, Mail Stop 08N 14611 Washington, DC 20044-0146 Rockville, MD 20857 Tel: (202) 616-4357 Dated: 5 Case 1:16-vv-00177-UNJ Document 48 Filed 07/28/17 Page 8 of 8 Respectfully submitted. PETITIONER: ROG M. STECK ATTORNEY OF RECORD FOR AUTHORIZED REPRESENT A TI VE PETITIONER: OF THE ATTORNEY GENERAL: STE~N MICI IAEL COHF. lloganWillig ) t .... .,,c....., ,,1.--f w l......r1 Deput) Director 2.+ I 0 onh Forest Road. Suite 20 I Torts Branch /\mherst. NY I .+068 Ci,·il Di\'ision (716) 636-7600 U.S. Department or Justice P.O. 11ox 146 Benjamin Franklin Station Washington. DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HlJMAN SERVICES: N/\RA Y /\N AIR. M.D DARRYi. R. WISI 11\RD Director. Division of lnjur) Senior Trial .'\ttorne\ Compensation Programs Tons Branch I lealthcare Systems Bureau Ci"il Division U.S. Depa11ment of Health ll.S. Department of Justice and 1l urnan Services P.O. Box 146 5600 Fishers Lane Benjamin Franklin Station Park la" n Building. Mail Stop 08 146B Washington. DC 20044-0146 Rock\ ille. MD 20857 Tel: (202) 616-4~57 Dated: 5