VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00980 Package ID: USCOURTS-cofc-1_19-vv-00980 Petitioner: Lisa Day Filed: 2019-07-09 Decided: 2021-07-06 Vaccine: TDaP Vaccination date: 2018-05-17 Condition: Guillain-Barre Syndrome Outcome: compensated Award amount USD: 120000 AI-assisted case summary: Lisa Day filed a petition for compensation under the National Vaccine Injury Compensation Program on July 9, 2019, alleging she suffered from Guillain-Barre Syndrome (GBS) after receiving a Tetanus-Diphtheria-acellular Pertussis (TDaP) vaccine on May 17, 2018. The respondent denied that the immunization caused her injury. The parties, represented by Danielle Strait, Esq., for the petitioner and Claudia Gangi, Esq., for the respondent, reached a settlement agreement. The respondent agreed to pay Lisa Day a lump sum of $120,000.00 as compensation for all damages available under the program. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded the compensation. The decision was issued on July 6, 2021. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner Lisa Day alleged Guillain-Barre Syndrome (GBS) following a TDaP vaccination on May 17, 2018. Respondent denied causation. The parties stipulated to a settlement. The Special Master adopted the stipulation, awarding $120,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00980-0 Date issued/filed: 2021-07-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 6/8/2021) regarding 33 DECISION Stipulation. Signed by Special Master Mindy Michaels Roth. (ec) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00980-UNJ Document 37 Filed 07/06/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-980V Filed: June 8, 2021 * * * * * * * * * * * * * LISA DAY, * UNPUBLISHED * Petitioner, * Decision on Joint Stipulation; * Guillain-Barre Syndrome v. * (“GBS”); Tetanus-Diphtheria- * acellular Pertussis (“TDaP”) SECRETARY OF HEALTH * Vaccine. AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Danielle Strait, Esq., Maglio Christopher & Toale, Seattle, WA, for petitioner. Claudia Gangi, Esq., US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On July 9, 2019, Lisa Day [“Ms. Day” or “petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that she suffered from Guillain-Barre Syndrome (“GBS”) after receiving a Tetanus-Diphtheria-acellular Pertussis (“TDaP”) vaccine on May 17, 2018. Stipulation, filed June 8, 2021, at ¶¶ 1-4. Respondent denies that the immunization caused petitioner’s injury. Stipulation at ¶ 6. 1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision will be available to anyone with access to the internet. However, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Otherwise, the whole Decision will be available to the public. Id. 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). 1 Case 1:19-vv-00980-UNJ Document 37 Filed 07/06/21 Page 2 of 7 Nevertheless, the parties have agreed to settle the case. On June 8, 2021, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to issue the following payment: A lump sum of $120,000.00 in the form of a check payable to petitioner, Lisa Day. This amount represents compensation for all damages that would be available under § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2 Case 1:19-vv-00980-UNJ Document 37 Filed 07/06/21 Page 3 of 7 Case 1:19-vv-00980-UNJ Document 37 Filed 07/06/21 Page 4 of 7 Case 1:19-vv-00980-UNJ Document 37 Filed 07/06/21 Page 5 of 7 Case 1:19-vv-00980-UNJ Document 37 Filed 07/06/21 Page 6 of 7 Case 1:19-vv-00980-UNJ Document 37 Filed 07/06/21 Page 7 of 7