VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00657 Package ID: USCOURTS-cofc-1_20-vv-00657 Petitioner: Jeffry Shipley Filed: 2020-05-28 Decided: 2021-10-29 Vaccine: Td Vaccination date: 2018-11-06 Condition: chronic inflammatory demyelinating polyneuropathy (CIDP) Outcome: compensated Award amount USD: 147666 AI-assisted case summary: On May 28, 2020, Jeffry Shipley filed a petition under the National Vaccine Injury Compensation Program alleging that the tetanus diphtheria (Td) vaccine he received on November 6, 2018, caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP). Mr. Shipley further alleged that he experienced residual effects of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the Td vaccine caused Mr. Shipley's CIDP or any other injury. Despite this denial, on October 12, 2021, the parties filed a stipulation for award, agreeing that Mr. Shipley should receive compensation. Special Master Herbrina Sanders reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Mr. Shipley was awarded a lump sum of $147,666.24, payable by check, as compensation for all damages available under the program. Judgment was to be entered in accordance with the stipulation. Petitioner was represented by David Tierney of Rawls Law Group, and respondent was represented by Amanda Pasciuto of the United States Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case. Theory of causation field: Petitioner Jeffry Shipley alleged that the tetanus diphtheria (Td) vaccine administered on November 6, 2018, caused him to develop chronic inflammatory demyelinating polyneuropathy (CIDP) with residual effects lasting more than six months. Respondent denied causation. The parties filed a stipulation for award, agreeing to compensation without admitting causation. Petitioner was awarded a lump sum of $147,666.24. Special Master Herbrina Sanders issued the decision on October 29, 2021, adopting the stipulation. The public text does not specify the theory of causation, medical experts, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00657-0 Date issued/filed: 2021-10-29 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/13/2021) regarding 26 DECISION - Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (arm) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00657-UNJ Document 27 Filed 10/29/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: October 13, 2021 * * * * * * * * * * * * * * * * * * * * * * * * * JEFFRY SHIPLEY, * No. 20-657V * Petitioner, * Special Master Sanders v. * * Stipulation for Award; Tetanus- SECRETARY OF HEALTH * Diphtheria (“Td”) Vaccine; AND HUMAN SERVICES, * Chronic Inflammatory * Demyelinating Polyneuropathy (“CIDP”) Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * David Tierney, Rawls Law Group, Richmond, VA, for Petitioner. Amanda Pasciuto, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On May 28, 2020, Jeffry Shipley (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2012); Pet. at 1, ECF No. 1. Petitioner alleged that the tetanus diphtheria (“Td”) vaccine he received on November 6, 2018, caused him to develop chronic inflammatory demyelinating polyneuropathy (“CIDP”). Id. at 1. Petitioner further alleged that he experienced the residual effects of his injury for more than six months. Id. at 2–9. On October 12, 2021, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Stip. at 2, ECF No. 25. Respondent “denies that the Td vaccine caused [P]etitioner to develop CIDP, or any other injury.” Id. at 1. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. I find the stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein. 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 1:20-vv-00657-UNJ Document 27 Filed 10/29/21 Page 2 of 7 The parties stipulate that Petitioner shall receive the following compensation: A lump sum of $147,666.24 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. at 2. 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 1:20-vv-00657-UNJ Document 27 Filed 10/29/21 Page 3 of 7 Case 1:20-vv-00657-UNJ Document 27 Filed 10/29/21 Page 4 of 7 Case 1:20-vv-00657-UNJ Document 27 Filed 10/29/21 Page 5 of 7 Case 1:20-vv-00657-UNJ Document 27 Filed 10/29/21 Page 6 of 7 Case 1:20-vv-00657-UNJ Document 27 Filed 10/29/21 Page 7 of 7