VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00598 Package ID: USCOURTS-cofc-1_16-vv-00598 Petitioner: Teresa Polzin Filed: 2016-06-24 Decided: 2019-11-12 Vaccine: Tdap Vaccination date: 2014-07-14 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 25000 AI-assisted case summary: Teresa Polzin filed a petition for compensation under the National Vaccine Injury Compensation Program on June 24, 2016, alleging she suffered Guillain-Barré syndrome (GBS) as a result of receiving a Tetanus-Diphtheria-acellular-pertussis (Tdap) vaccine on July 14, 2014. The petition stated that she experienced symptoms within hours of vaccination. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the injury but agreed to a settlement. The parties submitted a stipulation for award, and on November 12, 2019, Special Master Thomas L. Gowen issued a decision adopting the stipulation. The court awarded Teresa Polzin $25,000.00 as a lump sum to compensate for all damages. Petitioner's counsel was Carol L. Gallagher and Carol C. Gallagher. Respondent's counsel was Claudia B. Gangi. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. The decision was made pursuant to the E-Government Act of 2002, requiring posting on the court's website, with provisions for redaction. Theory of causation field: Petitioner Teresa Polzin alleged Guillain-Barré syndrome (GBS) following a Tdap vaccination on July 14, 2014. The respondent denied causation. The parties entered into a stipulation for award, settling the case. Special Master Thomas L. Gowen adopted the stipulation on November 12, 2019. The award was $25,000.00 as a lump sum for all damages. The public text does not detail the specific theory of causation, medical experts, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00598-1 Date issued/filed: 2019-11-12 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/18/2019) regarding 55 DECISION Stipulation/Proffer. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-00598-UNJ Document 60 Filed 11/12/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: October 18, 2019 * * * * * * * * * * * * * TERESA POLZIN, * UNPUBLISHED * Petitioner, * No. 16-598V * v. * Special Master Gowen * SECRETARY OF HEALTH * Stipulation for Award; Tetanus, AND HUMAN SERVICES, * Diphtheria-Acellular-Pertussis (“Tdap”); Guillain-Barré Respondent. * syndrome (“GBS”). * * * * * * * * * * * * * * Carol L. Gallagher, Carol C. Gallagher, Somers Point, NJ, for petitioner. Claudia B. Gangi, U.S. Department of Justice, Washington, D.C., for respondent. DECISION ON STIPULATION1 On June 24, 2016, Teresa Polzin (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner received the Tetanus-Diphtheria-acellular-pertussis (“Tdap”) vaccine on July 14, 2014. Id. at ¶ 2; Stipulation at ¶ 2 (ECF No. 54). Petitioner alleged that as a result of receiving the vaccination she suffered Guillain-Barré syndrome (“GBS”). Petition at Preamble; Stipulation at ¶ 4. On October 17, 2019, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation at ¶ 7. Respondent denies that petitioner’s alleged injury was caused by the vaccine. Id. at ¶ 6. Maintaining their respective 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion 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 opinion will be posted on the court’s website without any changes. Id. 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. Case 1:16-vv-00598-UNJ Document 60 Filed 11/12/19 Page 2 of 7 positions, the parities nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding compensation to petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation awards: 1) A lump sum of $25,000.00 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). 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 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 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:16-vv-00598-UNJ Document 60 Filed 11/12/19 Page 3 of 7 Case 1:16-vv-00598-UNJ Document 60 Filed 11/12/19 Page 4 of 7 Case 1:16-vv-00598-UNJ Document 60 Filed 11/12/19 Page 5 of 7 Case 1:16-vv-00598-UNJ Document 60 Filed 11/12/19 Page 6 of 7 Case 1:16-vv-00598-UNJ Document 60 Filed 11/12/19 Page 7 of 7