VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01288 Package ID: USCOURTS-cofc-1_19-vv-01288 Petitioner: Dung Tran Filed: 2021-06-08 Decided: 2021-07-12 Vaccine: Td Vaccination date: 2017-07-22 Condition: Guillain Barre Syndrome (GBS) Outcome: compensated Award amount USD: 70000 AI-assisted case summary: Dung Tran filed a petition under the National Vaccine Injury Compensation Program on August 27, 2019, alleging that he developed Guillain-Barre Syndrome (GBS) caused by his tetanus-diphtheria (Td) vaccination on July 22, 2017. Mr. Tran claimed residual effects lasting more than six months. The respondent denied that the vaccine caused GBS or any other injury. Despite the respondent's denial, the parties filed a joint stipulation for damages on June 8, 2021. Special Master Daniel T. Horner reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Mr. Tran was awarded a lump sum of $70,000.00, payable by check, as compensation for all items of damages. The decision was issued on July 12, 2021. Ronald Craig Homer represented the petitioner, and Lynn Christina Schlie represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner Dung Tran alleged that his July 22, 2017 tetanus-diphtheria (Td) vaccination caused Guillain-Barre Syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for damages, which Special Master Daniel T. Horner found reasonable and adopted. The stipulation resulted in an award of $70,000.00. The public decision does not detail the specific mechanism of causation, expert testimony, or the basis for the stipulation. The petition was filed on August 27, 2019, and the decision was issued on July 12, 2021. Petitioner was represented by Ronald Craig Homer, and respondent by Lynn Christina Schlie. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01288-0 Date issued/filed: 2021-07-12 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 6/8/2021) regarding 33 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (tkp) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01288-UNJ Document 37 Filed 07/12/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1288V Filed: June 8, 2021 UNPUBLISHED DUNG TRAN, Petitioner, Joint Stipulation on Damages; v. Tetanus Diphtheria (Td) Vaccine; Guillain-Barre Syndrome (GBS) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On August 27, 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 Guillain Barre Syndrome (“GBS”) caused by his July 22, 2017 tetanus-diphtheria (“Td”) vaccination. Petition at 1; Stipulation, filed June 8, 2021, at ¶¶ 2-4. Petitioner further alleges that he experienced residual effects of his injury for more than six months and that there has been no prior award or settlement of a civil action for damages arising out of the alleged vaccine injury. Petition at 12; Stipulation at ¶¶ 5. “Respondent denies that the vaccine caused petitioner to develop GBS, and further denies that the vaccine caused petitioner to suffer any other injury or petitioner’s current condition. ” Stipulation at ¶ 6. Nevertheless, on June 8, 2021, 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-01288-UNJ Document 37 Filed 07/12/21 Page 2 of 2 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 $70,000.00 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