VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00816 Package ID: USCOURTS-cofc-1_18-vv-00816 Petitioner: Ali Fadhil Filed: 2018-06-08 Decided: 2020-09-23 Vaccine: Tdap Vaccination date: 2016-04-29 Condition: Guillain-Barré syndrome (GBS) and optic neuritis Outcome: compensated Award amount USD: 80000 AI-assisted case summary: Ali Fadhil filed a petition on June 8, 2018, alleging that the tetanus-diphtheria-acellular pertussis (Tdap) vaccine he received on April 29, 2016, caused him to suffer Guillain-Barré syndrome (GBS) and optic neuritis. Mr. Fadhil further alleged that he experienced residual effects from these conditions for more than six months. The Tdap vaccine is listed on the Vaccine Injury Table, which typically provides a presumption of causation for listed injuries. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Mr. Fadhil's alleged conditions. Despite the denial, the parties reached a joint stipulation to resolve the case. Special Master Christian J. Moran adopted this stipulation as the decision of the Court. Under the terms of the stipulation, Mr. Fadhil was awarded a lump sum payment of $80,000.00, payable by check to the petitioner. This award is intended to compensate for all damages available under the National Vaccine Injury Compensation Program. The decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Judgment was to be entered according to the decision and stipulation, unless a motion for review was filed. Theory of causation field: Petitioner Ali Fadhil alleged that the Tdap vaccine administered on April 29, 2016, caused Guillain-Barré syndrome (GBS) and optic neuritis, with residual effects lasting more than six months. The Tdap vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties resolved the case via joint stipulation, which Special Master Christian J. Moran adopted as the Court's decision. The stipulation awarded petitioner a lump sum of $80,000.00 for all damages. The public decision does not detail the specific mechanism of causation, expert testimony, or the evidence considered beyond the stipulation. The case was filed on June 8, 2018, and the decision was issued on September 23, 2020. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00816-0 Date issued/filed: 2020-09-23 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 8/28/2020) regarding 63 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (abs) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00816-UNJ Document 67 Filed 09/23/20 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * ALI FADHIL, M.D., * * No. 18-816V Petitioner, * Special Master Christian J. Moran * v. * Filed: August 28, 2020 * SECRETARY OF HEALTH * Stipulation; tetanus-diphtheria- AND HUMAN SERVICES, * acellular pertussis (“Tdap”) vaccine; * Guillain-Barré syndrome (“GBS”); * optic neuritis. Respondent. * * * * * * * * * * * * * * * * * * * * * * Sylvia Chin-Caplan, Law Office of Sylvia Chin-Caplan, LLC, Boston, MA, for Petitioner; Mark K. Hellie, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On August 26, 2020, the parties filed a joint stipulation concerning the petition for compensation filed by Ali Fadhil on June 8, 2018. Petitioner alleged that the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine he received on April 29, 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 (“GBS”) and optic neuritis. 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. Respondent denies that the Tdap vaccine caused petitioner’s GBS, optic neuritis, or any other injury. 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 1:18-vv-00816-UNJ Document 67 Filed 09/23/20 Page 2 of 8 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 $80,000.00 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 in case 18-816V 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 1:18-vv-00816-UNJ Document 67 Filed 09/23/20 Page 3 of 8 Case 1:18-vv-00816-UNJ Document 67 Filed 09/23/20 Page 4 of 8 Case 1:18-vv-00816-UNJ Document 67 Filed 09/23/20 Page 5 of 8 Case 1:18-vv-00816-UNJ Document 67 Filed 09/23/20 Page 6 of 8 Case 1:18-vv-00816-UNJ Document 67 Filed 09/23/20 Page 7 of 8 Case 1:18-vv-00816-UNJ Document 67 Filed 09/23/20 Page 8 of 8