VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00658
Package ID: USCOURTS-cofc-1_17-vv-00658
Petitioner: John Berchielli
Filed: 2017-05-18
Decided: 2025-05-27
Vaccine: Tdap
Vaccination date: 2015-06-02
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 117819

AI-assisted case summary:
On May 18, 2017, John Berchielli filed a petition for compensation under the National Vaccine Injury Compensation Program. Mr. Berchielli alleged that he developed Guillain-Barré Syndrome (GBS) after receiving a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on June 2, 2015. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Mr. Berchielli's injury. Despite the contested nature of the claim, the parties reached a settlement. The settlement terms, as outlined in a joint stipulation filed on April 29, 2025, included a lump sum payment of $97,000.00, to be paid via ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to Mr. Berchielli. Additionally, a lump sum of $20,819.88 was awarded to reimburse a Medicaid lien for services rendered to Mr. Berchielli by the State of California. This total award of $117,819.88 is intended to compensate for all damages available under the National Vaccine Injury Compensation Program. Special Master Mindy Michaels Roth adopted the parties' stipulation and directed the clerk of the court to enter judgment accordingly. Elizabeth Abramson, Esq., represented the petitioner, and Mallori Openchowski, Esq., represented the respondent. The public decision was issued on May 27, 2025.

Theory of causation field:
Petitioner John Berchielli alleged Guillain-Barré Syndrome (GBS) following a Tdap vaccination on June 2, 2015. Respondent denied causation. The parties reached a settlement, stipulating to compensation. The award consists of a $97,000.00 lump sum payment and $20,819.88 for Medicaid lien reimbursement, totaling $117,819.88. Special Master Mindy Michaels Roth adopted the stipulation. The public text does not detail the specific theory of causation, medical experts, or the mechanism of injury. Petitioner counsel was Elizabeth Abramson, Esq., and respondent counsel was Mallori Openchowski, Esq. The decision date was May 27, 2025.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-00658-0
Date issued/filed: 2025-05-27
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 4/29/2025) regarding 113 DECISION Stipulation. Signed by Special Master Mindy Michaels Roth. (msg) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00658-UNJ Document 117 Filed 05/27/25 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-658V
Filed: April 29, 2025
* * * * * * * * * * * * *
JOHN BERCHIELLI, *
*
Petitioner, *
*
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Elizabeth Abramson, Esq., MCTLaw, Washington, DC, for petitioner.
Mallori Openchowski, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On May 18, 2017, John Berchielli (“petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program.2 Petitioner alleges that he developed
Guillain-Barré Syndrome (“GBS”) after receiving a tetanus-diphtheria-acellular pertussis
(“Tdap”) on June 2, 2015. Stipulation, filed April 29, 2025, at ¶¶ 1-4. Respondent denies that the
Tdap caused petitioner’s injury. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On April 29, 2025, the parties filed
a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent
agrees to issue the following payment:
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly
accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002.
44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means
the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b),
Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would
constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this
definition, I will redact 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 (2018).
1

Case 1:17-vv-00658-UNJ Document 117 Filed 05/27/25 Page 2 of 8
a. A lump sum of $97,000.00, to be paid through an ACH deposit to petitioner’s
counsel’s IOLTA account for prompt disbursement to petitioner; and
b. A lump sum of $20,819.88, representing reimbursement of a Medicaid lien for
services rendered to petitioner by the State of California, in the form of a check
payable jointly to petitioner, and the California Department of Health Care
Services:
Department of Health Care Services
Third Party Liability and Recovery Section, MS 4720
P.O. Box 997425
Sacramento, CA 95899-7425
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 1:17-vv-00658-UNJ Document 117 Filed 05/27/25 Page 3 of 8

Case 1:17-vv-00658-UNJ Document 117 Filed 05/27/25 Page 4 of 8

Case 1:17-vv-00658-UNJ Document 117 Filed 05/27/25 Page 5 of 8

Case 1:17-vv-00658-UNJ Document 117 Filed 05/27/25 Page 6 of 8

Case 1:17-vv-00658-UNJ Document 117 Filed 05/27/25 Page 7 of 8

Case 1:17-vv-00658-UNJ Document 117 Filed 05/27/25 Page 8 of 8