VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00223 Package ID: USCOURTS-cofc-1_19-vv-00223 Petitioner: Olga Davydova Filed: 2019-02-08 Decided: 2021-02-17 Vaccine: Tdap Vaccination date: 2018-04-25 Condition: Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: 60000 AI-assisted case summary: Olga Davydova filed a petition for compensation under the National Vaccine Injury Compensation Program on February 8, 2019, alleging injury from a Tdap vaccine received on April 25, 2018. The Tdap vaccine is listed on the Vaccine Injury Table. Ms. Davydova claimed she developed Guillain-Barré syndrome (GBS) as a result of the vaccination and suffered residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Ms. Davydova's GBS or any other injury. Despite maintaining their respective positions, the parties reached a stipulation to settle the case. The stipulation provided for an award of $60,000.00 to Ms. Davydova as compensation for all damages. The Special Master adopted the stipulation and awarded the compensation. The decision was filed on February 17, 2021. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Petitioner counsel was Anne C. Toale, and respondent counsel was Claudia B. Gangi. Special Master Thomas L. Gowen issued the decision. Theory of causation field: Petitioner Olga Davydova received a Tdap vaccine on April 25, 2018, and alleged it caused Guillain-Barré syndrome (GBS), which is listed on the Vaccine Injury Table. Petitioner claimed residual effects for more than six months. Respondent denied causation. The parties reached a stipulation for settlement, agreeing to an award of $60,000.00 for all damages. Special Master Thomas L. Gowen adopted the stipulation. The public decision does not detail the specific mechanism of causation, expert testimony, or the breakdown of the award beyond the lump sum. The theory of causation is based on the Vaccine Injury Table. The decision date was February 17, 2021. Petitioner's counsel was Anne C. Toale, and respondent's counsel was Claudia B. Gangi. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00223-0 Date issued/filed: 2021-02-17 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 1/26/21) regarding 46 DECISION Stipulation/Proffer Signed by Special Master Thomas L. Gowen. (kb) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00223-UNJ Document 50 Filed 02/17/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: January 26, 2021 * * * * * * * * * * * * * OLGA DAVYDOVA, * UNPUBLISHED * Petitioner, * No. 19-223V * v. * Special Master Gowen * SECRETARY OF HEALTH * Stipulation; Tetanus-Diphtheria- AND HUMAN SERVICES, * Acellular Pertussis (Tdap); * Guillain-Barré syndrome (GBS). Respondent. * * * * * * * * * * * * * * Anne C. Toale, Maglio Christopher and Toale, Sarasota, FL, for petitioner. Claudia B. Gangi, United States Department of Justice, Washington, DC, for respondent. DECISION ON STIPULATION1 On February 8, 2019, Olga Davydova (“petitioner”) filed a petition for compensation within the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). The petition seeks compensation for injuries allegedly related to petitioner’s receipt of an tetanus-diphtheria- acellular pertussis (Tdap) vaccine, which is contained in the Vaccine Injury Table (the Table), 42 C.F.R. § 100.3(a). Petitioner received her Tdap immunization on April 25, 2018. The vaccine was administered within the United States. Petitioner alleges that the Tdap vaccine caused her alleged Guillain-Barré syndrome (GBS) and that she suffered the residual effects of the alleged injury for more than six months. 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I intend to post it on the website of the United States Court of Federal Claims. The Court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the opinion is posted on the Court’s website, each party has 14 days to file a motion requesting 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). An objecting party must provide the Court with a proposed redacted version of the opinion. Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the Court’s website without any changes. Id. 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-1 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. Case 1:19-vv-00223-UNJ Document 50 Filed 02/17/21 Page 2 of 7 On January 26, 2021, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation (ECF No. 45). Respondent denies that the Tdap vaccine caused petitioner’s alleged GBS, any other injury, or her current disabilities. Id. at ¶ 6. Maintaining their respective positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding compensation according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation awards a lump sum of $60,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I adopt the stipulation as the decision of the Court and hereby award compensation in the amount and on the terms set forth therein. Accordingly, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:19-vv-00223-UNJ Document 50 Filed 02/17/21 Page 3 of 7 Case 1:19-vv-00223-UNJ Document 50 Filed 02/17/21 Page 4 of 7 Case 1:19-vv-00223-UNJ Document 50 Filed 02/17/21 Page 5 of 7 Case 1:19-vv-00223-UNJ Document 50 Filed 02/17/21 Page 6 of 7 Case 1:19-vv-00223-UNJ Document 50 Filed 02/17/21 Page 7 of 7