VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00971 Package ID: USCOURTS-cofc-1_20-vv-00971 Petitioner: Tiffani Cuyler Filed: 2020-08-04 Decided: 2023-01-18 Vaccine: MMR Vaccination date: 2017-08-04 Condition: Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: 70000 AI-assisted case summary: Tiffani Cuyler filed a petition for compensation on August 4, 2020, alleging that the measles mumps rubella (MMR) vaccine she received on August 4, 2017, caused her to develop Guillain-Barré syndrome (GBS). She also received a tetanus, diphtheria, acellular pertussis (Tdap) vaccine on June 30, 2017, prior to the onset of her alleged injuries. Petitioner claimed to have experienced residual effects of her injury for more than six months. Respondent denied that the MMR and/or Tdap vaccines caused Petitioner's GBS or current condition. However, on December 14, 2022, the parties filed a stipulation agreeing that compensation should be awarded. Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $70,000.00 for all damages, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was posted on the website of the United States Court of Federal Claims. Theory of causation field: Petitioner Tiffani Cuyler alleged that the MMR vaccine administered on August 4, 2017, caused her Guillain-Barré syndrome (GBS). She also received a Tdap vaccine on June 30, 2017. Petitioner alleged residual effects for more than six months. Respondent denied causation. The parties filed a stipulation for award on December 14, 2022. Petitioner was awarded $70,000.00 as a lump sum for all damages. The public decision does not detail the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. Special Master Herbrina Sanders adopted the stipulation as the Court's decision. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00971-0 Date issued/filed: 2023-01-18 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/19/2022) regarding 43 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (rig) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00971-UNJ Document 50 Filed 01/18/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: December 19, 2022 * * * * * * * * * * * * * * * * * * * * * * * * * TIFFANI CUYLER, * No. 20-971V * Petitioner, * Special Master Sanders v. * * Stipulation for Award; Measles Mumps SECRETARY OF HEALTH * Rubella (“MMR”) Vaccine; Tetanus AND HUMAN SERVICES, * Diphtheria Acellular Pertussis (“Tdap”) * Vaccine; Guillain-Barré Syndrome (“GBS”) Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * John Robert Howie, Jr., Howie Law, P.C., Dallas, TX, for Petitioner. Catherine Stolar, United States Department of Justice, Washington, DC, for Respondent. STIPULATION DECISION1 On August 4, 2020, Tiffani Cuyler (“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 measles mumps rubella (“MMR”) vaccine she received on August 4, 2017, caused her to develop Guillain-Barré syndrome (“GBS”). Id.; see also Stip. at 1, ECF No. 42. Petitioner also received a tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine on June 30, 2017, prior to the onset of her alleged injuries. Stip. at 1. Petitioner further alleged that she experienced the residual effects of her injury for more than six months. Id. at 1–2. On December 14, 2022, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Id. at 2. Respondent “denies that the MMR vaccine and/or the Tdap vaccine caused [P]etitioner to develop GBS or any other injury or her current condition.” Id. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. Id. 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-00971-UNJ Document 50 Filed 01/18/23 Page 2 of 7 The parties stipulate that Petitioner shall receive the following compensation: A lump sum of $70,000.00 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. 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-00971-UNJ Document 50 Filed 01/18/23 Page 3 of 7 Case 1:20-vv-00971-UNJ Document 50 Filed 01/18/23 Page 4 of 7 Case 1:20-vv-00971-UNJ Document 50 Filed 01/18/23 Page 5 of 7 Case 1:20-vv-00971-UNJ Document 50 Filed 01/18/23 Page 6 of 7 Case 1:20-vv-00971-UNJ Document 50 Filed 01/18/23 Page 7 of 7