VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00731 Package ID: USCOURTS-cofc-1_18-vv-00731 Petitioner: Silvia Hernandez Filed: 2018-05-23 Decided: 2022-01-25 Vaccine: Tdap Vaccination date: 2016-12-27 Condition: Guillain Barré syndrome Outcome: compensated Award amount USD: 160694 AI-assisted case summary: Silvia Hernandez filed a petition alleging that she developed Guillain Barré Syndrome (GBS) as a result of a Tdap vaccine she received on December 27, 2016. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccination caused Ms. Hernandez's GBS. Despite this denial, the parties reached a stipulation recommending an award of compensation. The stipulation was found reasonable by the Special Master. Ms. Hernandez was awarded a total of $160,694.00. This amount included a lump sum of $153,102.00 payable to Ms. Hernandez and an additional $7,592.00 to reimburse a Medicaid lien for services rendered. The case proceeded as an off-Table claim, meaning Ms. Hernandez would have needed to prove causation-in-fact. The parties agreed to resolve the case via stipulation, avoiding a full adjudication of the causation issue. The decision was based on this stipulation, and judgment was entered accordingly. Theory of causation field: Off-Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00731-0 Date issued/filed: 2022-02-25 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 1/25/2022) regarding 63 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mca) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00731-UNJ Document 67 Filed 02/25/22 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: January 25, 2022 * * * * * * * * * * * * * * * SILVIA HERNANDEZ, * UNPUBLISHED * Petitioner, * No. 18-731V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; AND HUMAN SERVICES, * Tetanus-Diphtheria-Acellular * Pertussis (“Tdap”) Vaccine; Respondent. * Guillain Barré Syndrome (“GBS”). * * * * * * * * * * * * * * * * Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Debra Begley, U.S. Department of Justice, Washington, DC, for respondent. DECISION BASED ON STIPULATION1 On May 23, 2018, Silvia Hernandez (“petitioner”) filed a petition in the National Vaccine Injury Compensation Program.2 Petitioner alleged that as a result of a tetanus-diphtheria- acellular pertussis (“Tdap”) vaccine on December 27, 2016, she developed Guillain Barré syndrome (“GBS”). Petition at 1 (ECF No. 1). On January 25, 2022, the parties filed a stipulation recommending an award of compensation to petitioner. Stipulation (ECF No. 62). Respondent denies that petitioner’s GBS, or any other injury, was caused-in-fact by a Tdap vaccination. Id. at ¶ 6. Nevertheless, the 1 Because this Decision contains a reasoned explanation for the action in this case, the undersigned is 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, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (“Vaccine Act” or “the Act”). All citations in this Decision to individual sections of the Vaccine Act are to 42 U.S.C. § 300aa. 1 Case 1:18-vv-00731-UNJ Document 67 Filed 02/25/22 Page 2 of 8 parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulate that petitioner shall receive the following compensation: (1) A lump sum of $153,102.00 in the form of a check payable to petitioner; and (2) A lump sum of $7,592.00 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 California Department of Health Care Services Re: DHCS Account No. C94779759F-VAC03 Recovery Branch – MS 4720 P.O. Box 997421 Sacramento, CA 95899-7421. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation at ¶ 8. The undersigned approves the requested amount for petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:18-vv-00731-UNJ Document 67 Filed 02/25/22 Page 3 of 8 Case 1:18-vv-00731-UNJ Document 67 Filed 02/25/22 Page 4 of 8 Case 1:18-vv-00731-UNJ Document 67 Filed 02/25/22 Page 5 of 8 Case 1:18-vv-00731-UNJ Document 67 Filed 02/25/22 Page 6 of 8 Case 1:18-vv-00731-UNJ Document 67 Filed 02/25/22 Page 7 of 8 Case 1:18-vv-00731-UNJ Document 67 Filed 02/25/22 Page 8 of 8