VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00915 Package ID: USCOURTS-cofc-1_20-vv-00915 Petitioner: Jason Barrow Filed: 2021-08-24 Decided: 2021-09-21 Vaccine: Tdap Vaccination date: 2019-06-11 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 130315 AI-assisted case summary: Jason Barrow filed a petition for compensation under the National Vaccine Injury Compensation Program on August 24, 2021, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of his tetanus-diphtheria-acellular pertussis (Tdap) vaccination on June 11, 2019. Mr. Barrow stated that he experienced residual effects of his alleged injury for longer than six months and had not previously received compensation for a vaccine-related injury. The respondent denied that the Tdap vaccine caused Mr. Barrow's GBS or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on August 24, 2021, agreeing that compensation should be awarded. Special Master Daniel T. Horner found the stipulation reasonable and adopted it as the decision of the Court. Mr. Barrow was awarded a lump sum of $130,315.74, payable to him by check. This amount represents compensation for all items of damages available under the Vaccine Act. The decision was issued on September 21, 2021. Petitioner counsel was Leah VaSahnja Durant and respondent counsel was Mollie Danielle Gorney. Theory of causation field: Petitioner Jason Barrow alleged that his June 11, 2019, Tdap vaccination caused Guillain-Barre Syndrome (GBS). Respondent denied causation. The parties filed a joint stipulation agreeing to an award. The public decision does not describe the specific theory of causation, medical experts, clinical details of the injury, onset, symptoms, diagnostic tests, or treatments. Special Master Daniel T. Horner adopted the stipulation, awarding $130,315.74 as compensation for all damages under the Vaccine Act. The decision was issued on September 21, 2021. Petitioner was represented by Leah VaSahnja Durant and respondent by Mollie Danielle Gorney. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00915-0 Date issued/filed: 2021-09-21 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 8/24/2021) regarding 30 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (tkp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00915-UNJ Document 34 Filed 09/21/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-915V Filed: August 24, 2021 UNPUBLISHED JASON BARROW, Petitioner, Joint Stipulation on Damages; v. Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Guillain- SECRETARY OF HEALTH AND Barre Syndrome (GBS) HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On July 29, 2020, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that he suffered Guillain-Barre Syndrome (“GBS”) as a result of his June 11, 2019 tetanus-diphtheria-acellular pertussis (“Tdap”) vaccination. Petition at 1; Stipulation, filed August 24, 2021, at ¶¶ 1. Petitioner further alleges that he has experienced residual effects of his alleged injury for longer than six months and has never received compensation in the form of an award or settlement for his vaccine- related injury. Petition at 5; Stipulation at ¶¶ 5. “Respondent denies that the Tdap vaccine caused petitioner’s alleged GBS or any other injury or his current condition. ” Stipulation at ¶ 6. Nevertheless, on August 24, 2021, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation 1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will be posted on the United States Court of Federal Claims’ website in accordance with the E-Government Act of 2002. See 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the decision will be available to anyone with access to the Internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information the disclosure of which would constitute an unwarranted invasion of privacy. If the special master, upon review, agrees that the identified material fits within this definition, it will be redacted from public access. 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). Case 1:20-vv-00915-UNJ Document 34 Filed 09/21/21 Page 2 of 7 reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $130,315.74 in the form of a check payable to petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under § 15(a). Id. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Daniel T. Horner Daniel T. Horner Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:20-vv-00915-UNJ Document 34 Filed 09/21/21 Page 3 of 7 Case 1:20-vv-00915-UNJ Document 34 Filed 09/21/21 Page 4 of 7 Case 1:20-vv-00915-UNJ Document 34 Filed 09/21/21 Page 5 of 7 Case 1:20-vv-00915-UNJ Document 34 Filed 09/21/21 Page 6 of 7 Case 1:20-vv-00915-UNJ Document 34 Filed 09/21/21 Page 7 of 7