VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00392
Package ID: USCOURTS-cofc-1_20-vv-00392
Petitioner: Michael Auen
Filed: 2020-04-06
Decided: 2021-05-12
Vaccine: Tdap
Vaccination date: 2018-06-07
Condition: Guillain Barre Syndrome
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Michael Auen filed a petition for compensation under the National Vaccine Injury Compensation Program on April 6, 2020, alleging he suffered from Guillain Barre Syndrome (GBS) after receiving a Tdap vaccine on June 7, 2018. The respondent denied that the immunization caused petitioner's injury. The parties, however, reached a settlement agreement. On May 12, 2021, they filed a joint stipulation agreeing to settle the case. As part of the settlement, the respondent agreed to issue a lump sum payment of $60,000.00, payable to Michael Auen, as compensation for all damages available under the program. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded compensation in the amount and on the terms set forth therein. The clerk of the court was directed to enter judgment in accordance with this decision. The decision was unpublished but posted on the Court of Federal Claims' website. Diana Stadelnikas, Esq., represented the petitioner, and Mark Hellie, Esq., represented the respondent.

Theory of causation field:
Michael Auen filed a petition alleging Guillain Barre Syndrome (GBS) following a Tdap vaccination on June 7, 2018. The respondent denied causation. The parties reached a settlement, and a joint stipulation was filed on May 12, 2021. The stipulation resulted in an award of $60,000.00 as a lump sum payment to the petitioner 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 Mindy Michaels Roth issued the decision adopting the stipulation. Diana Stadelnikas, Esq., represented the petitioner, and Mark Hellie, Esq., represented the respondent.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00392-0
Date issued/filed: 2021-06-07
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 5/12/2021) regarding 23 DECISION Stipulation. Signed by Special Master Mindy Michaels Roth. (ec) Service on parties made.
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Case 1:20-vv-00392-UNJ Document 27 Filed 06/07/21 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-392V
Filed: May 12, 2021
* * * * * * * * * * * * *
MICHAEL AUEN, * UNPUBLISHED
*
Petitioner, * Decision on Joint Stipulation;
* Guillain Barre Syndrome
v. * (“GBS”); Tetanus, diphtheria,
* and acellular pertussis (“Tdap”)
SECRETARY OF HEALTH * Vaccine.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Diana Stadelnikas, Esq., Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner.
Mark Hellie, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On April 6, 2020, Michael Auen [“Mr. Auen” or “petitioner”] filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
he suffered from Guillain Barre Syndrome (“GBS”) after receiving a tetanus, diphtheria, and
acellular pertussis (“Tdap”) vaccine on June 7, 2018. Stipulation, filed May 12, 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 1:20-vv-00392-UNJ Document 27 Filed 06/07/21 Page 2 of 8
Nevertheless, the parties have agreed to settle the case. On May 12, 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 $60,000.00 in the form of a check payable to petitioner, Michael
Auen. 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

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