VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01699
Package ID: USCOURTS-cofc-1_16-vv-01699
Petitioner: William T. Smith
Filed: 2016-12-28
Decided: 2018-05-16
Vaccine: Tdap
Vaccination date: 2016-04-29
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 90040

AI-assisted case summary:
William T. Smith filed a petition for compensation on December 28, 2016, alleging that the Tetanus-diphtheria-acellular pertussis (Tdap) vaccine he received on April 29, 2016, caused him to develop Guillain-Barré syndrome (GBS). Mr. Smith further alleged that he suffered residual effects from the GBS for more than six months. The Tdap vaccine is listed on the Vaccine Injury Table. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or significantly aggravated Mr. Smith's alleged injury. Despite the respondent's denial, the parties reached a joint stipulation for compensation, which Special Master Christian J. Moran adopted as the decision of the Court. The award included a lump sum of $43.61 to satisfy a Medicaid lien, payable jointly to Mr. Smith and Equian, LLC. Additionally, a lump sum of $8,775.37 was awarded for past incurred medical expenses, payable jointly to Mr. Smith and Ochsner Health Systems. The remaining damages, totaling $81,224.63, were awarded as a lump sum payable to Mr. Smith. The total compensation awarded was $90,040. The decision was filed on May 16, 2018. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Petitioner counsel was Danielle A. Strait of Maglio, Christopher, & Toale, and respondent counsel was Adriana Teitel of the United States Department of Justice.

Theory of causation field:
Petitioner William T. Smith alleged that the Tdap vaccine administered on April 29, 2016, caused Guillain-Barré syndrome (GBS), an injury listed on the Vaccine Injury Table, with residual effects lasting more than six months. Respondent denied causation. The parties stipulated to a compensation award of $90,040, comprising $43.61 for a Medicaid lien, $8,775.37 for past medical expenses, and $81,224.63 for all remaining damages. Special Master Christian J. Moran adopted the stipulation as the decision. The public text does not detail the specific mechanism of causation, expert testimony, or the evidence considered in the stipulation. Petitioner counsel was Danielle A. Strait, and respondent counsel was Adriana Teitel. The decision date was May 16, 2018.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01699-0
Date issued/filed: 2018-05-16
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 4/11/2018) regarding 35 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (MRG) Service on parties made.
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Case 1:16-vv-01699-UNJ Document 39 Filed 05/16/18 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
WILLIAM T. SMITH, *
* No. 16-1699V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: April 11, 2017
*
SECRETARY OF HEALTH * Stipulation; Tdap vaccine;
AND HUMAN SERVICES, * Guillain-Barré syndrome (“GBS”).
*
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Danielle A. Strait, Maglio, Christopher, & Toale, Seattle, WA, for Petitioner;
Adriana Teitel, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On April 10, 2018, the parties filed a joint stipulation concerning the petition
for compensation filed by William T. Smith on December 28, 2016. Petitioner
alleged that the Tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine he received
on April 29, 2016, which is contained in the Vaccine Injury Table (the “Table”), 42
C.F.R. §100.3(a), 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-01699-UNJ Document 39 Filed 05/16/18 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:
1. A lump sum of $43.61, representing compensation for full
satisfaction of the State of Louisiana Medicaid lien, in the form of
a check payable jointly to petitioner and:
Equian, LLC
PO Box 771932
Detroit, MI 48277-1932
Equian File: 829514-158417
Petitioner agrees to endorse this payment to Equian, LLC;
2. A lump sum of $8,775.37, representing the balance due on
petitioner’s past incurred medical expenses, in the form of a check
payable jointly to petitioner and Ochsner Health Systems.
Petitioner agrees to endorse this payment to Ochsner Health
Systems; and
3. A lump sum of $81,224.63 in the form of a check payable to
petitioner. This amount represents compensation for all
remaining 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 16-1699V according to this decision
and the attached stipulation.2
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-01699-UNJ Document 39 Filed 05/16/18 Page 3 of 8
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
3

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