VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01420 Package ID: USCOURTS-cofc-1_18-vv-01420 Petitioner: Arnulfo Pantoja Filed: 2021-02-23 Decided: 2021-04-12 Vaccine: Tdap Vaccination date: 2017-10-22 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 146737.45 AI-assisted case summary: Arnulfo Pantoja filed a petition on February 23, 2021, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered from Guillain-Barré syndrome (GBS) as a result of receiving a Tetanus-diphtheria-acellular pertussis (Tdap) vaccination on October 22, 2017. Respondent denied that the vaccine caused the alleged GBS or any other injury. However, both parties entered into a stipulation dated February 23, 2021, agreeing that the issues could be settled and that a decision should be entered awarding Petitioner compensation. The stipulation awarded a total of $146,737.45 in compensation, including $132,265.99 for pain and suffering, lost wages, and past unreimbursable expenses, and additional amounts for unreimbursed medical expenses. The Special Master reviewed the file and adopted the stipulation as the decision, awarding the requested amounts. Judgment was to be entered accordingly. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01420-0 Date issued/filed: 2021-04-12 Pages: 10 Docket text: PUBLIC DECISION (Originally filed: 2/23/2021) regarding 47 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01420-UNJ Document 51 Filed 04/12/21 Page 1 of 10 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1420V (not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * ARNULFO PANTOJA, * * Filed: February 23, 2021 Petitioner, * * * v. * Decision by Stipulation; Damages; * Tetanus-diphtheria-acellular pertussis SECRETARY OF HEALTH AND * (“Tdap”); Guillain-Barré syndrome HUMAN SERVICES, * (“GBS”). * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * Michael Baseluos, Baseluos Law Firm, PLLC, San Antonio, TX., for Petitioner Jeremy Fugate, U.S. Department of Justice, Washington, DC, for Respondent DECISION ON JOINT STIPULATION1 On September 18, 2018, Arnulfo Pantoja (“Petitioner”) filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF No. 1. Petitioner alleges that he suffers from Guillain-Barré syndrome (“GBS”) as a result of the Tetanus-diphtheria-acellular pertussis (“Tdap”) vaccination he received on October 22, 2017. See Stipulation ¶ 2, 4, dated February 23, 2021 (ECF No. 46); see also Petition. 1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-12(d)(4)(B), 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 Decision in its present form will be available. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter “Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the pertinent subparagraph of 42 U.S.C. § 300aa. Case 1:18-vv-01420-UNJ Document 51 Filed 04/12/21 Page 2 of 10 Respondent denies “that the flu vaccine caused “[P]etitioner’s alleged GBS, or any other injury; and denies that his current condition is a sequelae of a vaccine-related injury.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation dated February 23, 2021 that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. ECF No. 46. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: a. A lump sum of $132,265.99, representing compensation for pain and suffering, lost wages, and past unreimbursable expenses in the form of a check payable to Petitioner. b. A lump sum of $8,574.00, representing unreimbursed medical expenses for services provided to petitioner, in the form of a check payable jointly to petitioner and Schumacher Clinical Partners 900 E. 4th St. Odessa, TX 79761 Attn: Client Services Petitioner agrees to endorse this check to Schumacher Clinical Partners. c. A lump sum of $148.96, representing unreimbursed medical expenses for services provided to petitioner, in the form of a check payable jointly to petitioner and West Texas Neurology 318 N. Alleghaney Ave. Suite 302 Odessa, TX 79760 Attn: Client Services Petitioner agrees to endorse this check to West Texas Neurology. d. A lump sum of $1,323.00, representing unreimbursed medical expenses for services provided to petitioner, in the form of a check payable jointly to petitioner and Medical System Health Center PO Box 120153 Grand Raps MI 49528-0103 Attn: Client Services Petitioner agrees to endorse this check to Medical System Health Center. e. A lump sum of $4,468.01, representing unreimbursed medical expenses for services Case 1:18-vv-01420-UNJ Document 51 Filed 04/12/21 Page 3 of 10 provided to petitioner, in the form of a check payable jointly to petitioner and Dr. Richard Duke 520 E. 6th St. Odessa, TX 79761 Attn: Client Services Petitioner agrees to endorse this check to Dr. Richard Duke. f. A lump sum of $199.56, representing unreimbursed medical expenses for services provided to petition, in the form of a check payable jointly to petitioner and Dr. Suresh Prasad 403 Pittsburg Avenue Odessa TX 79761 Attn: Client Services Petitioner agrees to endorse this check to Dr. Suresh Prasad. Stipulation ¶ 8. This award represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I approve a Vaccine Program award in the requested amounts set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court is directed to enter judgment herewith.3 IT IS SO ORDERED. s/ Katherine E. Oler Katherine E. Oler Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review. Case 1:18-vv-01420-UNJ Document 51 Filed 04/12/21 Page 4 of 10 Case 1:18-vv-01420-UNJ Document 51 Filed 04/12/21 Page 5 of 10 Case 1:18-vv-01420-UNJ Document 51 Filed 04/12/21 Page 6 of 10 Case 1:18-vv-01420-UNJ Document 51 Filed 04/12/21 Page 7 of 10 Case 1:18-vv-01420-UNJ Document 51 Filed 04/12/21 Page 8 of 10 Case 1:18-vv-01420-UNJ Document 51 Filed 04/12/21 Page 9 of 10 Case 1:18-vv-01420-UNJ Document 51 Filed 04/12/21 Page 10 of 10