VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00648 Package ID: USCOURTS-cofc-1_17-vv-00648 Petitioner: Elena Trujillo Filed: 2018-03-29 Decided: 2018-05-02 Vaccine: Td Vaccination date: 2016-06-28 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 142000 AI-assisted case summary: Elena Trujillo filed a petition on March 29, 2018, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered from Guillain-Barré syndrome (GBS) as a result of a Tetanus-diphtheria (Td) vaccine she received on June 28, 2016. Trujillo further alleged that she experienced residual effects from the condition for more than six months. The respondent, the Secretary of Health and Human Services, denied that the Td vaccine caused Trujillo's GBS or any other injury. However, both parties agreed to settle the case through a stipulation filed on March 28, 2018. The stipulation stated that the issues could be settled and that a decision should be entered awarding Trujillo compensation. Special Master Corcoran reviewed the file and found the stipulation to be reasonable, adopting it as the decision. The stipulation awarded Trujillo a lump sum of $142,000.00, representing compensation for all damages available under the Act. The court approved the award, and judgment was to be entered. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00648-0 Date issued/filed: 2018-05-02 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 3/29/2018) Regarding 26 DECISION Stipulation (Signed by Special Master Brian H. Corcoran). (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00648-UNJ Document 35 Filed 05/02/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-648V (not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * ELENA TRUJILLO, * * Special Master Corcoran * Petitioner, * Filed: March 29, 2018 * v. * * Decision by Stipulation; Damages; SECRETARY OF HEALTH * Tetanus-diphtheria (“Td”) Vaccine; AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”). * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * Andrew Downing, Van Cott & Talamante, Phoenix, AZ for Petitioner. Mallori Openchowski, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On May 17, 2017, Elena Trujillo filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that he suffered from Guillain-Barré syndrome (“GBS”), as a result of her June 28, 2016, Tetanus-diphtheria (“Td”) vaccine. Petitioner further alleges that she has experienced the residual effects of this condition for more than six months. 1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’s website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa- 12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Otherwise, the whole Decision in its present form will be available. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Case 1:17-vv-00648-UNJ Document 35 Filed 05/02/18 Page 2 of 7 Respondent denies that the Td vaccine caused Petitioner’s GBS or any other injury. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on March 28, 2018) that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards:  A lump sum of $142,000.00, in the form of a check payable to Petitioner. Stipulation ¶ 8. This amount represents compensation for all damages that would be available under Section 15(a) of the Act. I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the Court is directed to enter judgment herewith.3 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. 2 Case 1:17-vv-00648-UNJ Document 35 Filed 05/02/18 Page 3 of 7 Case 1:17-vv-00648-UNJ Document 35 Filed 05/02/18 Page 4 of 7 Case 1:17-vv-00648-UNJ Document 35 Filed 05/02/18 Page 5 of 7 Case 1:17-vv-00648-UNJ Document 35 Filed 05/02/18 Page 6 of 7 Case 1:17-vv-00648-UNJ Document 35 Filed 05/02/18 Page 7 of 7