VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01590
Package ID: USCOURTS-cofc-1_17-vv-01590
Petitioner: Kurt Rhodes
Filed: 2017-11-14
Decided: 2021-03-05
Vaccine: Tdap
Vaccination date: 2015-05-26
Condition: Guillain-Barré syndrome (“GBS”)
Outcome: compensated
Award amount USD: 40000

AI-assisted case summary:
Kurt Rhodes filed a petition on November 14, 2017, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered from Guillain-Barré syndrome (GBS) as a result of receiving Tdap and PCV 13 vaccinations on or about May 26, 2015. The respondent denied that either vaccine caused Mr. Rhodes' alleged GBS or any other injury. Despite maintaining their positions, both parties agreed to settle the case. The Special Master reviewed the file and found the stipulation to be reasonable, adopting it as its decision. The stipulation awarded Mr. Rhodes a lump sum of $40,000.00 as compensation for all available damages. The Special Master approved this award and directed the Clerk to enter judgment. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. The attorneys involved were Diana Stadelnikas for the Petitioner and Matthew Murphy for the Respondent. Special Master Katherine E. Oler issued the decision.

Theory of causation field:
Petitioner Kurt Rhodes alleged Guillain-Barré syndrome (GBS) following Tdap and PCV 13 vaccinations on or about May 26, 2015. Respondent denied causation. The parties entered into a joint stipulation to settle the case. The Special Master adopted the stipulation, awarding Petitioner a lump sum of $40,000.00 for all damages. The public text does not detail the specific theory of causation, medical experts, or the mechanism of injury. The decision was issued by Special Master Katherine E. Oler on March 5, 2021, based on a stipulation filed January 21, 2021. Petitioner's counsel was Diana Stadelnikas, and Respondent's counsel was Matthew Murphy.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01590-0
Date issued/filed: 2021-03-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 1/21/2021) regarding 49 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made.
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Case 1:17-vv-01590-UNJ Document 54 Filed 03/05/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1590V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * *
*
*
KURT RHODES,
*
* Filed: January 21, 2021
Petitioner, *
*
*
v. * Decision by Stipulation; Damages; Tdap
* Vaccine; Pneumococcal Conjugate (PCV
SECRETARY OF HEALTH AND * 13) Vaccine; Guillain Barré syndrome
HUMAN SERVICES, * (“GBS”).
*
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * *
Diana Stadelnikas, Maglio Christopher & Toale, P.A., Sarasota, FL, for Petitioner.
Matthew Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On November 14, 2017, Kurt Rhodes (“Petitioner”) filed a petition, seeking compensation
under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF
No. 1. Petitioner alleges he suffered from Guillain-Barré syndrome (“GBS”) as a result of the
Tdap and/or the PCV 13 vaccinations he received on or about May 26, 2015. See Stipulation ¶ 2,
4, dated January 21, 2021 (ECF No. 48); see also Petition.
Respondent denies “that either the Tdap vaccine or the PCV 13 [vaccine] are the cause of
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted
on the Court of Federal Claims’ 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 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. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter
“Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the
pertinent subparagraph of 42 U.S.C. § 300aa.

Case 1:17-vv-01590-UNJ Document 54 Filed 03/05/21 Page 2 of 7
[P]etitioner’s alleged GBS or any other injury or this current condition.” See Stipulation ¶ 6.
Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation
filed January 21, 2021 that the issues before them can 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
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 $40,000.00 in the form of a check payable to [P]etitioner.
Stipulation ¶ 8. This award represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
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/ Katherine E. Oler
Katherine E. Oler
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice
renouncing their right to seek review.

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