VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00325 Package ID: USCOURTS-cofc-1_19-vv-00325 Petitioner: Robert Kleinknecht Filed: 2022-03-01 Decided: 2022-03-28 Vaccine: Tdap Vaccination date: Condition: Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) Outcome: compensated Award amount USD: 250000 AI-assisted case summary: Robert Kleinknecht filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered from Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) after receiving a Tdap vaccine. The petition stated that his condition had residual effects for more than six months and that the vaccine was administered in the United States. Respondent denied that the vaccine caused petitioner’s alleged CIDP or any other injury. Despite the denial, the parties filed a joint stipulation for damages, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as the decision of the Court. Robert Kleinknecht was awarded a lump sum of $250,000.00, representing compensation for all items of damages available under the Vaccine Act. The decision was entered on March 28, 2022, following the petition filed on March 1, 2022. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00325-0 Date issued/filed: 2022-03-28 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 3/2/2022) regarding 44 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (tkp) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00325-UNJ Document 48 Filed 03/28/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-325V Filed: March 2, 2022 UNPUBLISHED ROBERT KLEINKNECHT, Petitioner, Joint Stipulation on Damages; v. Tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine; Chronic SECRETARY OF HEALTH AND Inflammatory Demyelinating HUMAN SERVICES, Polyneuropathy (“CIDP”) Respondent. Alison H. Haskins, Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner. Mallori Browne Openchowski , U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On March 1, 2019, 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 he suffered Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”). Petition at 3; Stipulation, filed March 1, 2022, at ¶ 4. Petitioner further alleges that he has experienced the residual effects of his condition for more than six months, that there has been no prior award or settlement of a civil action for damages as a result of his condition, and that his vaccine was administered in the United States. Petition at 4; Stipulation at ¶¶ 3-5. “Respondent denies that the vaccine caused petitioner’s alleged CIDP, or any other injury, and denies that his current condition is a sequela of a vaccine-related injury. ” Stipulation at ¶ 6. Nevertheless, on March 1, 2022, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation 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 1:19-vv-00325-UNJ Document 48 Filed 03/28/22 Page 2 of 7 reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $250,000.00 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 1:19-vv-00325-UNJ Document 48 Filed 03/28/22 Page 3 of 7 Case 1:19-vv-00325-UNJ Document 48 Filed 03/28/22 Page 4 of 7 Case 1:19-vv-00325-UNJ Document 48 Filed 03/28/22 Page 5 of 7 Case 1:19-vv-00325-UNJ Document 48 Filed 03/28/22 Page 6 of 7 Case 1:19-vv-00325-UNJ Document 48 Filed 03/28/22 Page 7 of 7