VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00073 Package ID: USCOURTS-cofc-1_19-vv-00073 Petitioner: Irma Carmona a.k.a Silvia Carmona Filed: 2019-01-15 Decided: 2022-12-13 Vaccine: Td Vaccination date: 2017-08-01 Condition: Guillain-Barré Syndrome (GBS) and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) Outcome: compensated Award amount USD: 141585 AI-assisted case summary: Irma Carmona, also known as Silvia Carmona, filed a petition on January 15, 2019, alleging that she suffered Guillain-Barré Syndrome (GBS) and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) as a result of receiving a tetanus-diphtheria (Td) vaccine and a measles-mumps-rubella (MMR) vaccine on August 1, 2017. The respondent denied that the vaccines caused her conditions. On December 13, 2022, the parties filed a stipulation recommending an award of compensation. Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Petitioner was awarded a total of $141,585.06. This amount includes a lump sum of $80,000.00 payable to Petitioner and $61,585.06 to reimburse a Medicaid lien for services rendered by the State of California. This award represents compensation for all damages available under the law. Petitioner was represented by Koorosh Kaikhosrow Shahrokh. Respondent was represented by Sarah Christina Duncan. Theory of causation field: Petitioner Irma Carmona a.k.a Silvia Carmona alleged that a Td and MMR vaccine received on August 1, 2017, caused her to suffer Guillain-Barré Syndrome (GBS) and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP). The respondent denied causation. The parties reached a stipulation for compensation. The Special Master adopted the stipulation. The award was $141,585.06, consisting of $80,000.00 payable to Petitioner and $61,585.06 to reimburse a Medicaid lien. The public decision does not describe the specific theory of causation, medical experts, or clinical details of the alleged injury or its mechanism. Petitioner was represented by Koorosh Kaikhosrow Shahrokh, and Respondent by Sarah Christina Duncan. Special Master Nora B. Dorsey issued the decision on December 13, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00073-0 Date issued/filed: 2023-01-09 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 12/13/2022) regarding 85 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (kis) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00073-UNJ Document 86 Filed 01/09/23 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: December 13, 2022 * * * * * * * * * * * * * * * * * * * IRMA CARMONA, a.k.a. SILVIA * UNPUBLISHED CARMONA, * * Petitioner, * No. 19-73V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; Tetanus- AND HUMAN SERVICES, * Diphtheria (“Td”) Vaccine; Measles- * Mumps-Rubella (“MMR”) Vaccine; Respondent. * Guillain-Barré Syndrome (“GBS”); * Chronic Inflammatory Demyelinating * Polyneuropathy (“CIDP”). * * * * * * * * * * * * * * * * * * * Koorosh Kaikhosrow Shahrokh, National Choice Lawyers, Woodland Hills, CA, for Petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent. DECISION BASED ON STIPULATION1 On January 15, 2019, Irma Carmona a.k.a Silvia Carmona(“Petitioner”) filed a petition in the National Vaccine Injury Program2 alleging that she suffered injuries, including Guillain- Barré Syndrome (“GBS”) and Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”), as a result of a tetanus-diphtheria (“Td”) vaccine and a measles-mumps-rubella (“MMR”) vaccine she received on August 1, 2017. Petition at 1 (ECF No. 1). 1 Because this Decision contains a reasoned explanation for the action in this case, the undersigned is required to post it on the United States Court of Federal Claims’ website in accordance with the E-Government Act of 2002. 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, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 to -34 (2012) (“Vaccine Act” or “the Act”). All citations in this Decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 1 Case 1:19-vv-00073-UNJ Document 86 Filed 01/09/23 Page 2 of 8 On December 13, 2022, the parties filed a stipulation recommending an award of compensation to Petitioner. Stipulation (ECF No. 84). Respondent denies that the Td and MMR vaccines caused Petitioner to suffer from GBS, CIDP, any other injury, or Petitioner’s current condition. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulate that Petitioner shall receive the following compensation: (1) A lump sum of $80,000.00 in the form of a check payable to Petitioner; and (2) A lump sum of $61,585.06, which amount represents reimbursement of a Medicaid lien for services rendered to Petitioner by the State of California, in the form of a check payable jointly to Petitioner and: Department of Health Care Services Recovery Branch - MS 4 720 P.O. Box 997421 Sacramento, CA 95899-7421 DHCS Account Number: C927 l 9075E-V AC03 This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation at ¶ 8. The undersigned approves the requested amount for Petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Nora B. Dorsey Nora B. Dorsey Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:19-vv-00073-UNJ Document 86 Filed 01/09/23 Page 3 of 8 Case 1:19-vv-00073-UNJ Document 86 Filed 01/09/23 Page 4 of 8 Case 1:19-vv-00073-UNJ Document 86 Filed 01/09/23 Page 5 of 8 Case 1:19-vv-00073-UNJ Document 86 Filed 01/09/23 Page 6 of 8 Case 1:19-vv-00073-UNJ Document 86 Filed 01/09/23 Page 7 of 8 Case 1:19-vv-00073-UNJ Document 86 Filed 01/09/23 Page 8 of 8