VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00767
Package ID: USCOURTS-cofc-1_20-vv-00767
Petitioner: Gregory Carter
Filed: 2020-06-15
Decided: 2021-07-29
Vaccine: Tdap
Vaccination date: 2018-02-27
Condition: Miller Fisher variant of Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 105000

AI-assisted case summary:
Gregory Carter filed a petition on June 15, 2021, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered from the Miller Fisher variant of Guillain-Barré syndrome as a result of a tetanus diphtheria and acellular pertussis (Tdap) vaccination he received on February 27, 2018. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Mr. Carter's alleged injury or any other condition. Despite maintaining their respective positions, both parties agreed to settle the case through a joint stipulation filed on June 15, 2021. Special Master Katherine E. Oler reviewed the file and found the stipulation to be reasonable, adopting it as her decision. The stipulation awarded Mr. Carter a lump sum of $105,000.00, payable by check, as compensation for all damages available under the program. The decision directed the Clerk of the Court to enter judgment accordingly, unless a motion for review was filed.

Theory of causation field:
Petitioner Gregory Carter alleged that a Tdap vaccination received on February 27, 2018, caused his Miller Fisher variant of Guillain-Barré syndrome. Respondent denied causation. The parties reached a stipulation to settle the case, with Special Master Katherine E. Oler adopting the stipulation as her decision. The stipulation awarded Petitioner a lump sum of $105,000.00 for all damages. The public decision does not detail the specific theory of causation, medical experts, or clinical findings.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00767-0
Date issued/filed: 2021-07-29
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 6/15/2021) regarding 25 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made.
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Case 1:20-vv-00767-UNJ Document 32 Filed 07/29/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-767V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * *
*
*
GREGORY CARTER,
*
* Filed: June 15, 2021
Petitioner, *
*
*
v. * Decision by Stipulation; Damages;
* Tetanus diphtheria acellular pertussis
SECRETARY OF HEALTH AND * (“Tdap”) Vaccine; Miller Fisher variant of
HUMAN SERVICES, * Guillain-Barré syndrome (“GBS”).
*
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * *
Alison Haskins, Maglio Christopher & Toale, Sarasota, FL, for Petitioner
James Lopez, U.S. Department of Justice, Washington, DC, for Respondent
DECISION ON JOINT STIPULATION1
On June 25, 2020, Gregory Carter (“Petitioner”) filed a petition, seeking compensation
under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF
No. 1. Petitioner alleges he suffered from the Miller Fisher variant of Guillain-Barré syndrome as
a result of the tetanus diphtheria and acellular pertussis (“Tdap”) vaccination he received on
February 27, 2018. See Stipulation ¶ 2, 4, dated June 15, 2021 (ECF No. 24); see also Petition.
Respondent denies “that the Tdap vaccine caused petitioner’s alleged GBS or any other
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted
on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. §
3501 (2012). This means the Decision will be available to anyone with access to the internet. As
provided by 42 U.S.C. § 300aa-12(d)(4)(B), 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 Decision in its present form will be available. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter
“Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the
pertinent subparagraph of 42 U.S.C. § 300aa.

Case 1:20-vv-00767-UNJ Document 32 Filed 07/29/21 Page 2 of 7
injury or condition.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-
stated positions, agreed in a stipulation filed June 15, 2021 that the issues before them can be
settled and that a decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth
therein.
The stipulation awards:
a lump sum of $105,000.00 in the form of a check payable to [P]etitioner.
Stipulation ¶ 8. This award represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk
of the Court is directed to enter judgment herewith.3
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice
renouncing their right to seek review.

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