VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01069 Package ID: USCOURTS-cofc-1_16-vv-01069 Petitioner: George Easton Filed: 2016-08-26 Decided: 2017-05-03 Vaccine: Tdap Vaccination date: 2015-10-02 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 140000 AI-assisted case summary: George Easton filed a petition on August 26, 2016, under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of receiving a tetanus, diphtheria, pertussis (Tdap) vaccine on October 2, 2015. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Mr. Easton's GBS or any other injury. Despite this denial, the parties reached a joint stipulation for damages. Special Master Thomas L. Gowen adopted the stipulation as the decision of the Court. The stipulation provided for a lump sum payment of $140,000.00, payable to Mr. Easton, as compensation for all damages available under the program. The decision was based on this joint stipulation and did not require a full adjudication of causation. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or expert witnesses. Mr. Easton was an adult at the time of vaccination. Petitioner counsel was Lawrence R. Cohan of Anapol Weiss, and respondent counsel was Ilene C. Albala of the United States Department of Justice. The decision was issued on May 3, 2017. Theory of causation field: George Easton filed a petition alleging Guillain-Barré Syndrome (GBS) following a Tdap vaccination on October 2, 2015. The respondent denied causation. The parties entered into a joint stipulation for damages, which was adopted by Special Master Thomas L. Gowen. The stipulation awarded petitioner $140,000.00 as compensation for all damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, as the case was resolved via stipulation. The decision date was May 3, 2017. Petitioner counsel was Lawrence R. Cohan, and respondent counsel was Ilene C. Albala. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01069-0 Date issued/filed: 2017-05-03 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/06/2017) regarding 16 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-01069-UNJ Document 20 Filed 05/03/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1069V Filed: April 6, 2017 * * * * * * * * * * * * * UNPUBLISHED GEORGE EASTON, * * Petitioner, * Special Master Gowen * v. * Joint Stipulation on Damages; * Tetanus, Diphtheria, Pertussis SECRETARY OF HEALTH * (“Tdap”) Vaccine; Guillain-Barré AND HUMAN SERVICES, * Syndrome (“GBS”) * Respondent. * * * * * * * * * * * * * * * Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for petitioner. Ilene C. Albala, United States Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On August 26, 2016, George Easton (“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, pertussis (“Tdap”) vaccine on October 2, 2015, he suffered Guillain-Barré Syndrome (“GBS”). Petition at 1. On April 6, 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 petitioner’s GBS or any other injury or his current condition. Stipulation at ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the 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-01069-UNJ Document 20 Filed 05/03/17 Page 2 of 7 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 $140,000.00 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 Case 1:16-vv-01069-UNJ Document 20 Filed 05/03/17 Page 3 of 7 Case 1:16-vv-01069-UNJ Document 20 Filed 05/03/17 Page 4 of 7 Case 1:16-vv-01069-UNJ Document 20 Filed 05/03/17 Page 5 of 7 Case 1:16-vv-01069-UNJ Document 20 Filed 05/03/17 Page 6 of 7 Case 1:16-vv-01069-UNJ Document 20 Filed 05/03/17 Page 7 of 7