VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00933 Package ID: USCOURTS-cofc-1_17-vv-00933 Petitioner: Donna Ducey Filed: 2017-07-12 Decided: 2021-03-19 Vaccine: Tdap Vaccination date: 2015-09-03 Condition: anaphylaxis and Guillain Barre Syndrome (GBS) Outcome: compensated Award amount USD: 220000 AI-assisted case summary: On July 12, 2017, Donna Ducey filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered anaphylaxis and Guillain-Barré Syndrome (GBS) as a result of receiving Tdap and influenza vaccines on September 3, 2015. Ms. Ducey claimed that anaphylaxis occurred within minutes of vaccination and that GBS symptoms began approximately 15 days later. She further alleged that she suffered residual effects from these injuries for more than six months. The Secretary of Health and Human Services, the respondent, denied that the vaccines caused Ms. Ducey's alleged anaphylaxis, GBS, or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on February 2, 2021, agreeing to an award of compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision of the court. Pursuant to the stipulation, Ms. Ducey was awarded a lump sum of $220,000.00, payable by check to the Petitioner, as compensation for all items of damages. The decision notes that Ms. Ducey also received a Pneumovax vaccine on September 3, 2015, but this vaccine is not covered under the Vaccine Injury Compensation Program. The public decision does not describe the specific onset of symptoms, clinical details of the alleged injuries, diagnostic tests performed, treatments received, or the specific mechanism by which the vaccines allegedly caused the injuries. Petitioner was represented by David Gordon Hart, and Respondent was represented by Althea Walker Davis. Judgment was to be entered in accordance with this decision unless a motion for review was filed. Theory of causation field: Petitioner Donna Ducey alleged that she suffered anaphylaxis and Guillain-Barré Syndrome (GBS) due to receipt of Tdap and influenza vaccines on September 3, 2015. Anaphylaxis was alleged to have occurred within minutes of vaccination, and GBS symptoms approximately 15 days later. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran on March 19, 2021. Petitioner was awarded $220,000.00 as a lump sum. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Petitioner was represented by David Gordon Hart, and Respondent by Althea Walker Davis. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00933-0 Date issued/filed: 2021-03-19 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/16/2021) regarding 79 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00933-UNJ Document 86 Filed 03/19/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0933V UNPUBLISHED DONNA DUCEY, Chief Special Master Corcoran Petitioner, Filed: February 16, 2021 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Tdap and HUMAN SERVICES, Influenza; Anaphylaxis and Guillain Barre Syndrome Respondent. David Gordon Hart, The Hart Law Firm, Colleyville, TX, for petitioner. Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On July 12, 2017, Donna Ducey filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that she suffered anaphylaxis and Guillain Barré Syndrome (GBS) due to her receipt of Tdap and influenza (“flu”) vaccines on September 3, 2015. 3 Petition at 1, 2; Stipulation, filed at February 2, 2021, ¶¶ 2, 4. Petitioner further alleges that the onset of her anaphylaxis occurred “within minutes” of vaccination, that she began experiencing GBS-related symptoms approximately 15 days after vaccination, and that she suffered the residual effects of her alleged injuries for more than six months. Petition at 2-4; Stipulation at ¶ 4. “Respondent denies that the vaccines caused 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E- Government Act of 2002. 44 U.S.C. § 3501 note (2012) (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 (2012). 3 Petitioner also received a Pneumovax vaccine on September 3, 2015. However, this vaccine is not a covered vaccine under the Vaccine Injury Compensation Program. Case 1:17-vv-00933-UNJ Document 86 Filed 03/19/21 Page 2 of 7 petitioner’s alleged anaphylaxis or GBS or any other injury or her current condition.” Stipulation at ¶ 6. Nevertheless, on February 2, 2021, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $220,000.00 in the form of a check payable to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:17-vv-00933-UNJ Document 86 Filed 03/19/21 Page 3 of 7 Case 1:17-vv-00933-UNJ Document 86 Filed 03/19/21 Page 4 of 7 Case 1:17-vv-00933-UNJ Document 86 Filed 03/19/21 Page 5 of 7 Case 1:17-vv-00933-UNJ Document 86 Filed 03/19/21 Page 6 of 7 Case 1:17-vv-00933-UNJ Document 86 Filed 03/19/21 Page 7 of 7