VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00616 Package ID: USCOURTS-cofc-1_20-vv-00616 Petitioner: Ronald Walczak Filed: 2020-05-18 Decided: 2022-01-18 Vaccine: Tdap Vaccination date: 2017-08-27 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 155000 AI-assisted case summary: Ronald Walczak filed a petition on May 18, 2020, alleging that he suffered from Guillain-Barré syndrome (GBS) as a result of receiving the tetanus, diphtheria, and acellular pertussis (Tdap) vaccine on August 27, 2017. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Mr. Walczak's GBS or any other injury. The parties, maintaining their respective positions, reached a stipulation to settle the case. Special Master Thomas L. Gowen entered a decision on stipulation on January 18, 2022. The stipulation provided for a lump sum award of $155,000.00, payable to the petitioner, as compensation for all damages. Petitioner was represented by Sylvia Chin-Caplan of the Law Offices of Sylvia Chin-Caplan, LLC, and respondent was represented by Mark K. Hellie of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or expert witnesses. The decision was filed on January 19, 2022, and later issued on February 18, 2022. Theory of causation field: Petitioner Ronald Walczak alleged that the Tdap vaccine administered on August 27, 2017, caused Guillain-Barré syndrome (GBS). Respondent denied causation. The parties stipulated to a settlement, and Special Master Thomas L. Gowen entered a decision on stipulation on January 18, 2022. The stipulation awarded petitioner $155,000.00 for all damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Petitioner was represented by Sylvia Chin-Caplan and respondent by Mark K. Hellie. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00616-0 Date issued/filed: 2022-02-18 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 01/19/2022) regarding 38 DECISION Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00616-UNJ Document 39 Filed 02/18/22 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: January 19, 2022 * * * * * * * * * * * * * Unpublished RONALD WALCZAK, * Petitioner, * No. 20-616V * v. * Special Master Gowen * SECRETARY OF HEALTH * Decision on Stipulation; AND HUMAN SERVICES, * Tetanus, diphtheria, and acellular * pertussis (“Tdap”); Guillain-Barré Respondent. * Syndrome (“GBS”). * * * * * * * * * * * * * Sylvia Chin-Caplan, Law Offices of Sylvia Chin-Caplan, LLC, Boston, MA, for petitioner. Mark K. Hellie, U.S. Department of Justice, Washington, D.C., for respondent. DECISION ON STIPULATION1 On May 18, 2020, Ronald Walczak (“petitioner”), filed a petition for compensation under the National Vaccine Injury Program.2 Petition (ECF No. 1). Petitioner alleges that as a result of receiving the tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccine on August 27, 2017 he suffered from Guillain-Barré syndrome (“GBS”). Id. at Preamble. On January 18, 2022, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation (“Stip.”) (ECF No. 37). Respondent denies that the Tdap vaccine is the cause of petitioner’s GBS or any other injury or his current condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation to the petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. Case 1:20-vv-00616-UNJ Document 39 Filed 02/18/22 Page 2 of 8 The stipulation provides: a) A lump sum of $155,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the stipulation and this decision.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:20-vv-00616-UNJ Document 39 Filed 02/18/22 Page 3 of 8 Case 1:20-vv-00616-UNJ Document 39 Filed 02/18/22 Page 4 of 8 Case 1:20-vv-00616-UNJ Document 39 Filed 02/18/22 Page 5 of 8 Case 1:20-vv-00616-UNJ Document 39 Filed 02/18/22 Page 6 of 8 Case 1:20-vv-00616-UNJ Document 39 Filed 02/18/22 Page 7 of 8 Case 1:20-vv-00616-UNJ Document 39 Filed 02/18/22 Page 8 of 8