VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00742
Package ID: USCOURTS-cofc-1_20-vv-00742
Petitioner: Randall Bazell
Filed: 2020-06-22
Decided: 2022-11-17
Vaccine: Tdap
Vaccination date: 2018-09-18
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 1475000

AI-assisted case summary:
On June 22, 2020, Randall Bazell filed a claim under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of receiving a tetanus, diphtheria, and acellular pertussis (Tdap) vaccine on September 18, 2018. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused petitioner's alleged GBS or any other injury. Despite maintaining their respective positions, the parties reached a stipulation to settle the case. Special Master Thomas L. Gowen adopted the stipulation, awarding compensation to the petitioner. The award consists of a lump sum of $1,473,831.76 payable to Randall Bazell and a lump sum of $1,168.24 payable jointly to petitioner and the Treasurer, State of Ohio, to reimburse a Medicaid lien for services rendered to petitioner by the state of Ohio. The total award is $1,475,000. The decision was issued on November 17, 2022. Petitioner's counsel was Alison H. Haskins of Maglio Christopher and Toale, PA, and respondent's counsel was Mary Eileen Holmes of the Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert testimony.

Theory of causation field:
Petitioner Randall Bazell alleged that he suffered Guillain-Barre Syndrome (GBS) as a result of receiving a Tdap vaccine on September 18, 2018. The respondent denied causation. The parties reached a stipulation for settlement, and Special Master Thomas L. Gowen adopted the stipulation, awarding compensation. The award totaled $1,475,000, comprising a lump sum of $1,473,831.76 to the petitioner and $1,168.24 to reimburse a Medicaid lien from the state of Ohio. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injury. The decision date was November 17, 2022. Petitioner's counsel was Alison H. Haskins, and respondent's counsel was Mary Eileen Holmes.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00742-0
Date issued/filed: 2022-12-08
Pages: 14
Docket text: PUBLIC DECISION (Originally filed: 11/17/2022) regarding 47 DECISION on Stipulation. Signed by Special Master Thomas L. Gowen. (slw) Service on parties made.
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Case 1:20-vv-00742-UNJ Document 51 Filed 12/08/22 Page 1 of 14
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: November 17, 2022
* * * * * * * * * * * * *
RANDALL BAZELL, * Unpublished
*
*
Petitioner, * No. 20-742V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Decision on Stipulation; Tdap;
AND HUMAN SERVICES, * Guillain-Barre Syndrome.
*
Respondent. *
* * * * * * * * * * * * *
Alison H. Haskins, Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner.
Mary Eileen Holmes, Department of Justice, Washington, D.C., for respondent.
DECISION ON STIPULATION1
On June 22, 2020, Randall Bazell (“petitioner”) filed a claim in the National Vaccine
Injury Compensation Program.2 Petition (ECF No. 1). Petitioner alleged as a result of receiving
a tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccine on September 18, 2018, he
suffered Guillain-Barre Syndrome (“GBS”). Id.
On November 17, 2022, respondent filed a stipulation providing that a decision should be
entered awarding compensation to petitioner. Stipulation (ECF No. 44). Respondent denies that
the Tdap vaccine caused petitioner’s alleged GBS, any other injury, or his current condition. Id.
at ¶ 6. Nevertheless, maintaining their respective positions, the parties now agree that the issues
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-00742-UNJ Document 51 Filed 12/08/22 Page 2 of 14
between them shall be settled and that a decision should be entered awarding compensation to
the petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7.
The stipulation provides that respondent agrees to pay the following
A. A lump sum of $1,473,831.76 in the form of a check payable to petitioner; and
B. A lump sum of $1,168.24,3 representing reimbursement of a Medicaid lien for
services rendered to petitioner by the state of Ohio, in the form of a check
payable jointly to petitioner and the Treasurer, State of Ohio:
Ohio Tort Recovery Unit
5475 Rings Road Suite 200
Dublin, OH 43017
Petitioner agrees to endorse this check to the Treasurer, State of Ohio.
These amounts represent compensation for all damages that would be available
under 42 U.S.C. § 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 SHALL ENTER JUDGMENT in
accordance with the terms of the parties’ stipulation.4
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the
State of Ohio may have against any individual as a result of any Medicaid payments the Ohio Program has made to
or on behalf of Randall Bazell as a result of his alleged vaccine-related injury suffered on or about September 27,
2018, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g),(h).
4 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule
11(a).
2

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