VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01067 Package ID: USCOURTS-cofc-1_18-vv-01067 Petitioner: Salvatore R. Bombara Filed: 2018-07-20 Decided: 2020-10-16 Vaccine: Tdap Vaccination date: 2017-02-14 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 93322 AI-assisted case summary: Salvatore R. Bombara filed a petition for compensation under the National Vaccine Injury Compensation Program on July 20, 2018. Mr. Bombara alleged that he developed Guillain-Barré Syndrome (GBS) after receiving a tetanus, diphtheria, and acellular pertussis (Tdap) vaccination on February 14, 2017. The respondent, the Secretary of Health and Human Services, denied that the immunization caused Mr. Bombara's injury. Despite the respondent's denial, the parties reached a settlement agreement. On October 16, 2020, they filed a joint stipulation outlining the terms of the settlement. As part of this agreement, the respondent agreed to issue a payment of $93,322.98 to Mr. Bombara as compensation for all available damages. Special Master Mindy Michaels Roth adopted the stipulation and awarded the compensation, directing the clerk of the court to enter judgment accordingly. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner counsel was Amy Senerth, Esq., of Muller Brazil, LLP, PA, and respondent counsel was Lisa Watts, Esq., of the US Department of Justice. Theory of causation field: Petitioner Salvatore R. Bombara alleged Guillain-Barré Syndrome (GBS) following a Tdap vaccination on February 14, 2017. Respondent denied causation. The parties reached a settlement, and a joint stipulation was filed on October 16, 2020. The settlement included a lump sum payment of $93,322.98 to the petitioner for all damages. Special Master Mindy Michaels Roth adopted the stipulation and awarded compensation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01067-0 Date issued/filed: 2020-11-12 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/16/2020) regarding 37 DECISION Stipulation. Signed by Special Master Mindy Michaels Roth. (ec) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01067-UNJ Document 43 Filed 11/12/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1067V Filed: October 16, 2020 * * * * * * * * * * * * * * * SALVATORE R. BOMBARA, * * UNPUBLISHED Petitioner, * v. * Decision on Joint Stipulation; * Guillain-Barré Syndrome (“GBS”); SECRETARY OF HEALTH * Tetanus, diphtheria, and acellular AND HUMAN SERVICES, * pertussis (“Tdap”) Vaccine * Respondent. * * * * * * * * * * * * * * * * Amy Senerth, Esq., Muller Brazil, LLP, PA, for petitioner. Lisa Watts, Esq., US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On July 20, 2018, Salvatore R. Bombara [“Mr. Bombara” or “petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that he developed Guillain-Barré Syndrome (“GBS”) after receiving a tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccination on February 14, 2017. Stipulation, filed Oct. 16, 2020, at ¶¶ 1-4. Respondent denies that the immunization caused petitioner’s injury. Stipulation at ¶ 6. Nevertheless, the parties have agreed to settle the case. On October 16, 2020, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. 1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107- 347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision will be available to anyone with access to the internet. 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 whole Decision will be available to the public. Id. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:18-vv-01067-UNJ Document 43 Filed 11/12/20 Page 2 of 7 Respondent agrees to issue the following payment: A lump sum of $93,322.98 in the form of a check payable to petitioner, Salvatore R. Bombara. This amount represents compensation for all damages that would be available under § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2 Case 1:18-vv-01067-UNJ Document 43 Filed 11/12/20 Page 3 of 7 Case 1:18-vv-01067-UNJ Document 43 Filed 11/12/20 Page 4 of 7 Case 1:18-vv-01067-UNJ Document 43 Filed 11/12/20 Page 5 of 7 Case 1:18-vv-01067-UNJ Document 43 Filed 11/12/20 Page 6 of 7 Case 1:18-vv-01067-UNJ Document 43 Filed 11/12/20 Page 7 of 7