VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00274
Package ID: USCOURTS-cofc-1_16-vv-00274
Petitioner: Edward E. Burchett, Jr.
Filed: 2017-01-12
Decided: 2017-02-07
Vaccine: Tdap
Vaccination date: 2014-03-01
Condition: Guillain Barré Syndrome
Outcome: compensated
Award amount USD: 160000

AI-assisted case summary:
Edward E. Burchett, Jr. filed a petition on January 12, 2017, alleging that he developed Guillain Barré Syndrome (GBS) as a result of receiving a tetanus, diphtheria and pertussis (Tdap) vaccine on March 1, 2014. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the injury. Despite the denial, the parties reached a joint stipulation for damages. Special Master Thomas L. Gowen reviewed the stipulation and found it reasonable. As a result, the court awarded Mr. Burchett compensation in the amount of $160,000.00. This lump sum payment was intended to cover all damages available under the National Vaccine Injury Compensation Program. The parties agreed to expedite the entry of judgment by waiving their right to seek review of the decision. Petitioner counsel was Kelly D. Burdette. Respondent counsel was Gordon E. Shemin.

Theory of causation field:
Petitioner Edward E. Burchett, Jr. alleged that he developed Guillain Barré Syndrome (GBS) after receiving a Tdap vaccine on March 1, 2014. The respondent denied causation. The parties entered into a joint stipulation for damages, which was approved by Special Master Thomas L. Gowen. The stipulation resulted in an award of $160,000.00 to the petitioner. The public decision does not describe the specific theory of causation, medical experts, or clinical details of the alleged injury or its mechanism. Petitioner counsel was Kelly D. Burdette, and respondent counsel was Gordon E. Shemin. The decision date was February 7, 2017.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00274-0
Date issued/filed: 2017-02-07
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/12/2017) regarding 29 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:16-vv-00274-UNJ Document 36 Filed 02/07/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-274V
Filed: January 12, 2017
* * * * * * * * * * * * * UNPUBLISHED
EDWARD E. BURCHETT, JR., *
*
Petitioner, * Special Master Gowen
*
v. * Joint Stipulation on Damages;
* Tetanus, Diphtheria and Pertussis
SECRETARY OF HEALTH * (“Tdap”) Vaccine
AND HUMAN SERVICES, * Guillain Barré Syndrome (“GBS”)
*
Respondent. *
*
* * * * * * * * * * * * *
Kelly D. Burdette, Burkett & Burdette, Seattle, WA, for petitioner.
Gordon E. Shemin, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On February 26, 2016, Edward Burchett, Jr. (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to 34 (2012).
Petitioner alleged that as a result of receiving a tetanus, diphtheria and pertussis (“Tdap”)
vaccine on March 1, 2014, he developed Guillain Barré Syndrome (“GBS”). Stipulation at ¶¶1,
4.
On January 12, 2017, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation. Respondent denies that the Tdap vaccine caused any
injury to petitioner. Stipulation at ¶ 6. Nevertheless, the parties agree to the joint stipulation,
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, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services). 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 (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.
1

Case 1:16-vv-00274-UNJ Document 36 Filed 02/07/17 Page 2 of 7
attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as
the decision of the Court in awarding damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following in compensation:
a. A lump sum of $160,000.00 in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, 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 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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