VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00968 Package ID: USCOURTS-cofc-1_19-vv-00968 Petitioner: Charles DeChene Filed: 2019-07-03 Decided: 2021-05-25 Vaccine: Tetanus-diphtheria Vaccination date: 2016-07-06 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 82000 AI-assisted case summary: Charles DeChene filed a petition for compensation under the National Vaccine Injury Compensation Program on July 3, 2019, alleging that the Tetanus-diphtheria (Td) vaccine he received on July 6, 2016, caused him to develop Guillain-Barré Syndrome (GBS) and that his injury lasted for more than six months. He filed an amended petition on June 24, 2020, alleging the same. The respondent denied that the Td vaccine caused Petitioner's alleged GBS or any other injury. Nevertheless, on May 25, 2021, the parties filed a stipulation agreeing that a decision should be entered awarding compensation to Petitioner. The stipulation stated that Petitioner would receive a lump sum of $82,000.00 as compensation for all damages. Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court. Judgment was to be entered in accordance with the stipulation. Theory of causation field: Petitioner Charles DeChene alleged that the Tetanus-diphtheria (Td) vaccine administered on July 6, 2016, caused Guillain-Barré Syndrome (GBS) which lasted more than six months. Respondent denied causation. The parties filed a stipulation for award, agreeing to a lump sum of $82,000.00 for all damages. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. Special Master Herbrina Sanders approved the stipulation on May 25, 2021. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00968-0 Date issued/filed: 2021-06-11 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/26/2021) regarding 28 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (rig) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00968-UNJ Document 35 Filed 06/11/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: May 26, 2021 * * * * * * * * * * * * * * * * * * * * * * * * * CHARLES DECHENE, * No. 19-968V * Petitioner, * Special Master Sanders v. * * SECRETARY OF HEALTH * Stipulation for Award; Tetanus-Diphtheria AND HUMAN SERVICES, * (“Td”) Vaccine; Guillain-Barré Syndrome * (“GBS”) Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * John R. Howie, Jr., Howie Law, PC, Dallas, TX, for Petitioner. Claudia B. Gangi, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On July 3, 2019, Charles DeChene (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2012). Petitioner alleged that the Tetanus-diphtheria (“Td”) vaccine he received on July 6, 2016, caused him to develop Guillain-Barré Syndrome (“GBS”). See Pet. ¶¶ 1, 13, ECF No. 1. Petitioner further alleged that his injury lasted for more than six months. Id. ¶ 12. Petitioner filed an amended petition alleging the same on June 24, 2020. Am. Pet. ¶¶ 1, 38, 40, ECF No. 15. On May 25, 2021, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Stipulation ¶ 7, ECF No. 27. The parties state that “Respondent denies that the Td vaccine caused [P]etitioner’s alleged GBS, or any other injury or his current condition. Id. ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. See id. ¶ 7. I find the stipulation reasonable and adopt 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 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-00968-UNJ Document 35 Filed 06/11/21 Page 2 of 7 A lump sum of $82,000.00, in the form of a check payable to [P]etitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. ¶ 8. 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-00968-UNJ Document 35 Filed 06/11/21 Page 3 of 7 Case 1:19-vv-00968-UNJ Document 35 Filed 06/11/21 Page 4 of 7 Case 1:19-vv-00968-UNJ Document 35 Filed 06/11/21 Page 5 of 7 Case 1:19-vv-00968-UNJ Document 35 Filed 06/11/21 Page 6 of 7 Case 1:19-vv-00968-UNJ Document 35 Filed 06/11/21 Page 7 of 7