VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00562 Package ID: USCOURTS-cofc-1_16-vv-00562 Petitioner: Richard Deckert Filed: 2016-05-10 Decided: 2017-05-11 Vaccine: Td Vaccination date: 2015-01-26 Condition: Guillain-Barre Syndrome Outcome: compensated Award amount USD: 140000 AI-assisted case summary: Richard Deckert filed a petition for compensation under the National Vaccine Injury Compensation Program on May 10, 2016, alleging that he developed Guillain-Barre Syndrome (GBS) as a result of receiving a tetanus-diphtheria (Td) vaccination on January 26, 2015. The respondent, the Secretary of Health and Human Services, denied that the Td immunization caused the petitioner's injury. Despite the denial, the parties reached a settlement agreement. On May 11, 2017, they filed a joint stipulation outlining the settlement terms. As part of the agreement, the respondent agreed to pay Richard Deckert a lump sum of $140,000.00, payable by check to the petitioner, as compensation for all damages available under the program. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded the compensation. The decision was issued on May 11, 2017. Randall G. Knutson represented the petitioner, and Sarah Duncan represented the respondent. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert testimony. Theory of causation field: Petitioner Richard Deckert alleged that he developed Guillain-Barre Syndrome (GBS) as a result of receiving a tetanus-diphtheria (Td) vaccination on January 26, 2015. The respondent denied causation. The parties reached a settlement, and Special Master Mindy Michaels Roth adopted their stipulation, awarding a lump sum of $140,000.00 to the petitioner. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The case was settled via joint stipulation filed on May 11, 2017, with the decision issued on the same date. Petitioner was represented by Randall G. Knutson, and respondent was represented by Sarah Duncan. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00562-0 Date issued/filed: 2017-06-05 Pages: 7 Docket text: PUBLIC ORDER/RULING (Originally filed: 5/11/2017) Regarding 23 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (jo) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00562-UNJ Document 31 Filed 06/05/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS (Filed: May 11, 2017) No. 16-562V * * * * * * * * * * * * * RICHARD DECKERT, * UNPUBLISHED * Petitioner, * Decision on Joint Stipulation; * Guillain-Barre Syndrome v. * (“GBS”); Tetanus and * diphtheria (“Td”) Vaccine. SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * Randall G. Knutson, Knutson & Casey Law Firm, Mankato, MN, for petitioner. Sarah Duncan, US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On May 10, 2016, Richard Deckert [“Mr. Deckert,” or “petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that he developed Guillain-Barre Syndrome (“GBS”) as a result of receiving a tetanus-diphtheria (“Td”) vaccination on January 26, 2015. See Stipulation, filed May 11, 2017, at ¶¶ 1-4. Respondent denies that the Td immunization caused petitioner’s injury. Stipulation at ¶ 6. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, 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 (2012)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access. 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). 1 Case 1:16-vv-00562-UNJ Document 31 Filed 06/05/17 Page 2 of 7 Nevertheless, the parties have agreed to settle the case. On May 11, 2017, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to issue the following payment: A lump sum of $140,000.00 in the form of a check payable to petitioner, Richard Deckert. This amount represents compensation for all damages that would be available under § 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 is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2 Case 1:16-vv-00562-UNJ Document 31 Filed 06/05/17 Page 3 of 7 Case 1:16-vv-00562-UNJ Document 31 Filed 06/05/17 Page 4 of 7 Case 1:16-vv-00562-UNJ Document 31 Filed 06/05/17 Page 5 of 7 Case 1:16-vv-00562-UNJ Document 31 Filed 06/05/17 Page 6 of 7 Case 1:16-vv-00562-UNJ Document 31 Filed 06/05/17 Page 7 of 7