VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01063 Package ID: USCOURTS-cofc-1_17-vv-01063 Petitioner: Robert Kissinger Filed: 2017-08-04 Decided: 2020-10-28 Vaccine: Tdap Vaccination date: 2016-04-05 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 22500 AI-assisted case summary: Robert Kissinger filed a petition on August 4, 2017, alleging that the tetanus-diphtheria-acellular pertussis (Tdap) vaccine he received on April 5, 2016, caused him to develop Guillain-Barré syndrome (GBS). He further alleged that the residual effects of this injury persisted for more than six months. The Tdap vaccine is listed on the Vaccine Injury Table. Respondent denied that the vaccine caused petitioner's alleged injury or any other injury. Despite the denial, the parties reached a stipulation. The Special Master adopted the stipulation, awarding Mr. Kissinger a lump sum of $22,500.00 as compensation for all damages. The decision was issued on October 28, 2020. Petitioner was represented by Lawrence S. Paikoff, and Respondent was represented by Colleen C. Hartley. Special Master Christian J. Moran issued the decision. Theory of causation field: Petitioner Robert Kissinger alleged that the Tdap vaccine received on April 5, 2016, caused Guillain-Barré syndrome (GBS), with residual effects lasting more than six months. The Tdap vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties reached a stipulation, which Special Master Christian J. Moran adopted. The stipulation awarded petitioner a lump sum of $22,500.00 for all damages. Petitioner was represented by Lawrence S. Paikoff, and Respondent was represented by Colleen C. Hartley. The decision date was October 28, 2020. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01063-0 Date issued/filed: 2020-11-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/29/2020) regarding 68 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (abs) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01063-UNJ Document 72 Filed 11/24/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * ROBERT KISSINGER * * No. 17-1063V Petitioner, * Special Master Christian J. Moran * v. * Filed: October 29, 2020 * SECRETARY OF HEALTH * Stipulation; Tetanus-diphtheria- AND HUMAN SERVICES, * acellular pertussis vaccine; * Guillain-Barré syndrome (“GBS”). Respondent. * * * * * * * * * * * * * * * * * * * * * * Lawrence S. Paikoff, Law Offices of Lawrence S. Paikoff, M.D., J.D., for Petitioner; Colleen C. Hartley, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On October 28, 2020, the parties filed a joint stipulation concerning the petition for compensation filed by Robert Kissinger on August 4, 2017. Petitioner alleged that the tetanus-diphtheria-acellular pertussis vaccine he received on April 5, 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 1:17-vv-01063-UNJ Document 72 Filed 11/24/20 Page 2 of 7 Respondent denies that the vaccines either caused petitioner’s alleged injury or any other injury, and denies that petitioner's current condition is a sequelae 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: A lump sum payment of $22,500.00 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). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 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 1:17-vv-01063-UNJ Document 72 Filed 11/24/20 Page 3 of 7 Case 1:17-vv-01063-UNJ Document 72 Filed 11/24/20 Page 4 of 7 Case 1:17-vv-01063-UNJ Document 72 Filed 11/24/20 Page 5 of 7 Case 1:17-vv-01063-UNJ Document 72 Filed 11/24/20 Page 6 of 7 Case 1:17-vv-01063-UNJ Document 72 Filed 11/24/20 Page 7 of 7