VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00791 Package ID: USCOURTS-cofc-1_18-vv-00791 Petitioner: Andrew Trujillo Filed: 2018-06-05 Decided: 2021-11-29 Vaccine: Tdap Vaccination date: 2015-07-25 Condition: chronic inflammatory demyelinating polyneuropathy (CIDP) Outcome: compensated Award amount USD: 60000 AI-assisted case summary: Andrew Trujillo filed a petition on June 5, 2018, alleging that the Tdap vaccine he received on July 25, 2015, caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP) and that he experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Mr. Trujillo's CIDP or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a stipulation for award on November 9, 2021. In the stipulation, they agreed that Mr. Trujillo should receive compensation. The court found the stipulation reasonable and adopted it as the decision of the court. Mr. Trujillo was awarded a lump sum of $60,000.00 as compensation for all damages. The parties jointly filed notice renouncing the right to seek review, and judgment was entered accordingly. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00791-0 Date issued/filed: 2021-11-29 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/12/2021) regarding 62 DECISION - Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (arm) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00791-UNJ Document 66 Filed 11/29/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: November 12, 2021 * * * * * * * * * * * * * * * * * * * * * * * * * ANDREW TRUJILLO, * No. 18-791V * Petitioner, * Special Master Sanders v. * * Stipulation for Award; Tetanus- SECRETARY OF HEALTH * Diphtheria-Acellular Pertussis AND HUMAN SERVICES, * (“Tdap”) Vaccine; Chronic Inflammatory * Demyelinating Polyneuropathy (“CIDP”) Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Bridget McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner. Colleen Hartley, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On June 5, 2018, Andrew Trujillo (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2012); Pet. at 1, ECF No. 1. Petitioner alleged that the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine he received on July 25, 2015, caused him to suffer from chronic inflammatory demyelinating polyneuropathy (“CIDP”). Id. Petitioner further alleged that he experienced the residual effects of his injury for more than six months. Stip. at 1, ECF No. 61. On November 9, 2021, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Id. at 2. Respondent “denies that the vaccine caused [P]etitioner’s alleged CIDP, or any other injury[.]” Id. Respondent further “denies that his current condition is a sequelae of a vaccine-related injury.” Id. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. Id. I find the stipulation reasonable and adopt 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 This Decision shall be posted on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2012)). This means the Decision will be available to anyone with access to the Internet. As provided by Vaccine Rule 18(b), each party has 14 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). 2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755. Case 1:18-vv-00791-UNJ Document 66 Filed 11/29/21 Page 2 of 7 A lump sum of $60,000.00 in the form of a check payable to [P]etitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a)[.] Id. I approve 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/Herbrina D. Sanders Herbrina D. Sanders 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-00791-UNJ Document 66 Filed 11/29/21 Page 3 of 7 Case 1:18-vv-00791-UNJ Document 66 Filed 11/29/21 Page 4 of 7 Case 1:18-vv-00791-UNJ Document 66 Filed 11/29/21 Page 5 of 7 Case 1:18-vv-00791-UNJ Document 66 Filed 11/29/21 Page 6 of 7 Case 1:18-vv-00791-UNJ Document 66 Filed 11/29/21 Page 7 of 7