VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00775 Package ID: USCOURTS-cofc-1_19-vv-00775 Petitioner: Shawn Steiger Filed: 2019-05-24 Decided: 2021-04-05 Vaccine: Tdap Vaccination date: 2018-06-23 Condition: Guillain-Barré syndrome (“GBS”)…and/or other neurologic and physical impairments and other injuries Outcome: compensated Award amount USD: 145000 AI-assisted case summary: Shawn Steiger filed a petition for compensation on May 24, 2019, alleging that the Tetanus-diphtheria-acellular-pertussis (Tdap) vaccine he received on June 23, 2018, caused him to suffer from Guillain-Barré syndrome (GBS) and/or other neurologic and physical impairments. He further alleged that he experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Petitioner's alleged GBS or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury. Despite these denials, on March 26, 2021, the parties filed a stipulation for award. Special Master Herbrina Sanders reviewed the stipulation. The public decision does not describe the specific onset of symptoms, clinical details of the condition, diagnostic tests performed, or treatments received. It also does not name any medical experts or detail the specific mechanism of causation. The Special Master found the stipulation reasonable and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $145,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The judgment was entered in accordance with the terms of the stipulation. Theory of causation field: Petitioner Shawn Steiger alleged that the Tdap vaccine administered on June 23, 2018, caused Guillain-Barré syndrome (GBS) and/or other neurologic and physical impairments, with residual effects lasting more than six months. Respondent denied causation. The parties filed a stipulation for award, and the public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The stipulation resulted in an award of $145,000.00. Special Master Herbrina Sanders adopted the stipulation on March 26, 2021. Attorneys for Petitioner were Michael G. McLaren and for Respondent was Ronalda E. Kosh. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00775-0 Date issued/filed: 2021-04-05 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 03/26/2021) regarding 31 DECISION - Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (arm) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00775-UNJ Document 35 Filed 04/05/21 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: March 26, 2021 * * * * * * * * * * * * * * * * * * * * * * * * * SHAWN STEIGER, * No. 19-775V * Petitioner, * Special Master Sanders v. * * Stipulation for Award; Tetanus- SECRETARY OF HEALTH * Diphtheria-Acellular-Pertussis (“Tdap”) AND HUMAN SERVICES, * Vaccine; Guillain-Barré Syndrome * (“GBS”) Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Michael G. McLaren, Black McLaren, PC, Memphis, TN, for Petitioner. Ronalda E. Kosh, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On May 24, 2019, Shawn Steiger (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2012); Pet. at 1, ECF No. 1. Petitioner alleged that the Tetanus-diphtheria-acellular-pertussis (“Tdap”) vaccine he received on June 23, 2018, caused him to suffer from “Guillain-Barré syndrome (“GBS”)…and/or other neurologic and physical impairments and other injuries.” Id.; see also Stip. at 1, ECF No. 30. Petitioner further alleged that he experienced the residual effects of his injury for more than six months. Stip. at 1. On March 26, 2021, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Id. at 2. Respondent denies that the Tdap vaccine caused Petitioner’s alleged GBS, or any other injury. Id. Respondent further denies that Petitioner’s “current condition is a sequelae of a vaccine-related injury.” Id. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. I find the stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein. 1 This Decision shall be posted on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2012)). This means the Decision will be available to anyone with access to the Internet. As provided by Vaccine Rule 18(b), each party has 14 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). 2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755. Case 1:19-vv-00775-UNJ Document 35 Filed 04/05/21 Page 2 of 8 The parties stipulate that Petitioner shall receive the following compensation: A lump sum of $145,000.00 in the form of a check payable to [P]etitioner, which represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a)[.] Id. I approve 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/Herbrina D. Sanders Herbrina D. Sanders 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-00775-UNJ Document 35 Filed 04/05/21 Page 3 of 8 Case 1:19-vv-00775-UNJ Document 35 Filed 04/05/21 Page 4 of 8 Case 1:19-vv-00775-UNJ Document 35 Filed 04/05/21 Page 5 of 8 Case 1:19-vv-00775-UNJ Document 35 Filed 04/05/21 Page 6 of 8 Case 1:19-vv-00775-UNJ Document 35 Filed 04/05/21 Page 7 of 8 Case 1:19-vv-00775-UNJ Document 35 Filed 04/05/21 Page 8 of 8