VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01866 Package ID: USCOURTS-cofc-1_18-vv-01866 Petitioner: Shannyn Barnard Filed: 2018-12-06 Decided: 2020-04-21 Vaccine: Tdap Vaccination date: 2016-02-21 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 90000 AI-assisted case summary: Shannyn Barnard filed a petition for compensation under the National Vaccine Injury Compensation Program on December 6, 2018, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of receiving a Tetanus Diphtheria Acellular Pertussis (Tdap) vaccination on February 21, 2016. She further alleged that she suffered residual effects from this injury for more than six months. Respondent denied that the Tdap vaccine caused her alleged GBS or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation on April 21, 2020, agreeing to an award of compensation. The Special Master found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Shannyn Barnard was awarded a lump sum of $90,000.00 as compensation for all items of damages available under the Vaccine Act. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01866-0 Date issued/filed: 2020-05-18 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 4/21/2020) regarding 40 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (et) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01866-UNJ Document 44 Filed 05/18/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1866V Filed: April 21, 2020 UNPUBLISHED SHANNYN BARNARD, Special Master Horner Petitioner, Joint Stipulation on Damages; v. Tetanus Diphtheria Acellular Pertussis (Tdap); Guillain-Barre SECRETARY OF HEALTH AND Syndrome (GBS) HUMAN SERVICES, Respondent. Anne Carrion Toale, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner. Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On December 6, 2018, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that she suffered Guillain-Barre Syndrome (GBS) as a result of her receipt of a Tetanus Diphtheria Acellular Pertussis (Tdap) vaccination on February 21, 2016. Petition at 1; Stipulation, filed April 21, 2020, at ¶¶ 1-4. Petitioner further alleges that she suffered the residual effect of this injury for more than six months. Petition at 4; Stipulation at ¶¶ 4. “Respondent denies that the Tdap vaccine caused petitioner’s alleged GBS, or any other injury; and further denies that petitioner’s current disabilities are sequelae of a vaccine-related injury. ” Stipulation at ¶ 6. Nevertheless, on April 21, 2020, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein. 1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will be posted on the United States Court of Federal Claims’ website in accordance with the E-Government Act of 2002. See 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the decision will be available to anyone with access to the Internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information the disclosure of which would constitute an unwarranted invasion of privacy. If the special master, upon review, agrees that the identified material fits within this definition, it will be redacted from public access. 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-01866-UNJ Document 44 Filed 05/18/20 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $90,000.00 in the form of a check payable to petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under § 15(a). Id. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Daniel T. Horner Daniel T. Horner Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:18-vv-01866-UNJ Document 44 Filed 05/18/20 Page 3 of 7 Case 1:18-vv-01866-UNJ Document 44 Filed 05/18/20 Page 4 of 7 Case 1:18-vv-01866-UNJ Document 44 Filed 05/18/20 Page 5 of 7 Case 1:18-vv-01866-UNJ Document 44 Filed 05/18/20 Page 6 of 7 Case 1:18-vv-01866-UNJ Document 44 Filed 05/18/20 Page 7 of 7