VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01138 Package ID: USCOURTS-cofc-1_18-vv-01138 Petitioner: Rabia Malik Filed: 2018-08-03 Decided: 2022-09-06 Vaccine: Tdap Vaccination date: 2015-09-25 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 308024 AI-assisted case summary: On August 3, 2018, Rabia Malik filed a petition for compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that she developed Guillain-Barré Syndrome (GBS) after receiving a tetanus, diphtheria, acellular pertussis (Tdap) vaccine on September 25, 2015. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused petitioner's alleged injury or her current condition. The parties reached a settlement agreement, and on August 11, 2022, they filed a joint stipulation outlining the terms. As part of the settlement, the respondent agreed to pay Ms. Malik a lump sum of $308,024.00, payable by check to Rabia Malik. This amount was intended to compensate for all damages available under the program. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded compensation in the agreed-upon amount and terms. The clerk of court was directed to enter judgment accordingly. The decision was designated "unpublished" but posted on the Court of Federal Claims' website in accordance with the E-Government Act of 2002, with parties having the option to request redaction of confidential information. Theory of causation field: Rabia Malik filed a petition alleging Guillain-Barré Syndrome (GBS) after receiving a Tdap vaccine on September 25, 2015. The respondent denied causation. The parties stipulated to a settlement, and Special Master Mindy Michaels Roth awarded $308,024.00 as compensation for all damages. The public decision does not describe the specific theory of causation, clinical details, expert testimony, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01138-0 Date issued/filed: 2022-09-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 8/11/2022) regarding 58 Stipulation DECISION of Special Master. Signed by Special Master Mindy Michaels Roth. (dkj) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01138-UNJ Document 66 Filed 09/06/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1138V Filed: August 11, 2022 * * * * * * * * * * * * * RABIA MALIK, * UNPUBLISHED * Petitioner, * Decision on Joint Stipulation; * Guillain-Barré Syndrome v. * (“GBS”); Tetanus, diphtheria, * acellular pertussis (“Tdap”) SECRETARY OF HEALTH * Vaccine. AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Nicholas Bunch, Esq., White Getgey & Meyer Co., LPA, Cincinnati, OH, for petitioner. Colleen Hartley, Esq., US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On August 3, 2018, Rabia Malik [“Ms. Malik or “petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that she developed Guillain-Barré Syndrome (“GBS”) after receiving a tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine on September 25, 2015. Stipulation, filed August 11, 2022, at ¶¶ 1-4. Respondent denies that the Tdap vaccine caused petitioner’s alleged injury or her current condition. Stipulation at ¶ 6. 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). 1 Case 1:18-vv-01138-UNJ Document 66 Filed 09/06/22 Page 2 of 7 Nevertheless, the parties have agreed to settle the case. On August 11, 2022, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to issue the following payment: A lump sum of $308,024.00 in the form of a check payable to petitioner, Rabia Malik. 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 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-01138-UNJ Document 66 Filed 09/06/22 Page 3 of 7 Case 1:18-vv-01138-UNJ Document 66 Filed 09/06/22 Page 4 of 7 Case 1:18-vv-01138-UNJ Document 66 Filed 09/06/22 Page 5 of 7 Case 1:18-vv-01138-UNJ Document 66 Filed 09/06/22 Page 6 of 7 Case 1:18-vv-01138-UNJ Document 66 Filed 09/06/22 Page 7 of 7