VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00885 Package ID: USCOURTS-cofc-1_21-vv-00885 Petitioner: Dennis Franklin Filed: 2021-02-08 Decided: 2023-07-07 Vaccine: pneumococcal conjugate, and/or tetanus, diphtheria, acellular pertussis Vaccination date: 2019-01-28 Condition: Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: 45000 AI-assisted case summary: Dennis Franklin filed a petition on February 8, 2021, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered from Guillain-Barré syndrome (GBS) as a result of receiving the pneumococcal conjugate and/or tetanus, diphtheria, acellular pertussis vaccines on January 28, 2019. Mr. Franklin also alleged that he experienced residual effects of this injury lasting more than six months. The respondent denied that the vaccines caused his GBS or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury. Despite these positions, both parties agreed to settle the case. The court reviewed the file and adopted the parties' stipulation as its decision. Chief Special Master Brian H. Corcoran awarded Dennis Franklin $45,000.00 as compensation for all damages. The decision was issued on July 7, 2023. Joseph Alexander Vuckovich represented the petitioner, and Alexa Roggenkamp represented the respondent. Theory of causation field: Petitioner Dennis Franklin alleged that he suffered Guillain-Barré syndrome (GBS) as a result of receiving the pneumococcal conjugate and/or tetanus, diphtheria, acellular pertussis vaccines on January 28, 2019, with residual effects lasting more than six months. The respondent denied causation. The parties reached a stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $45,000.00 to Petitioner. The public decision does not describe the specific medical theory of causation, expert testimony, or the mechanism of injury. Petitioner counsel was Joseph Alexander Vuckovich, and respondent counsel was Alexa Roggenkamp. The decision date was July 7, 2023. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00885-0 Date issued/filed: 2023-07-07 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/12/2023) regarding 43 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (saj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00885-UNJ Document 47 Filed 07/07/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-885V * * * * * * * * * * * * * * * * * * * * * * * * * * Chief Special Master Corcoran DENNIS FRANKLIN, * * Petitioner, * Filed: June 12, 2023 * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * Joseph Alexander Vuckovich, Maglio Christopher & Toale, P.A., Washington, DC, for Petitioner. Alexa Roggenkamp, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On February 8, 2021, Dennis Franklin filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that he suffered from Guillain-Barré syndrome (“GBS”) as a result of his January 28, 2019, receipt of the pneumococcal conjugate, and/or tetanus, diphtheria, acellular pertussis vaccines. Moreover, Petitioner alleges that he experienced residual effects of this injury for more than six months. Respondent denies that the vaccine(s) caused Petitioner to suffer GBS or any other injury. Respondent also denies that his current condition is a sequelae of a vaccine-related injury. 1 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 whole decision will be available to the public. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix). Case 1:21-vv-00885-UNJ Document 47 Filed 07/07/23 Page 2 of 7 Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on June 9, 2023) that the issues before them could 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 (as attached hereto) 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 $45,000.00 in the form of a check payable to Petitioner. Stipulation ¶ 8. This amount represents compensation for all damages that would be available under Section 15(a) of the Act. 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/ Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. 2 Case 1:21-vv-00885-UNJ Document 47 Filed 07/07/23 Page 3 of 7 Case 1:21-vv-00885-UNJ Document 47 Filed 07/07/23 Page 4 of 7 Case 1:21-vv-00885-UNJ Document 47 Filed 07/07/23 Page 5 of 7 Case 1:21-vv-00885-UNJ Document 47 Filed 07/07/23 Page 6 of 7 Case 1:21-vv-00885-UNJ Document 47 Filed 07/07/23 Page 7 of 7 05/31/2023 WED 14140 FAX 1Z10021002 Respectfully submitted. PETITIONER: lzf-· cz:Jt., DENNIS�IN ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR PETITIONER: OF THE ATTORNEY GENERAL: 1)� e. l l-(:_ �...,,...____ ___� �-�-'t- .fev- �M:LA\i:.-P J...Mr"--- =- u., JO PH A. VUCKOVICH HEATHER L. PEARLMAN Maglio Christopher & Toale Law Firm Deputy Director 1015 15th St NW, Suite I 125 Torts Branch Washington, D.C. 20005 Civil Division jwckovich@mctlaw.com U.S. Department of Justice Telephone: 888.952.5242 P.O. Box 146 Facsimile: 941.952.5042 Benjamin Franklin Station Washington, DC 20044-0146 AUfflORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Henry P. :i:t�•dby14muy,. by Mcmlllan -53 :i:., lOll,Os.ia,2:m-.0, CDR GEORGE REED GRIMES, MD, MPH Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health System Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O.Box 146 U.S. Department of Health Benjamin Franklin Station aod Human Services Washington. DC 20044-0146 5600 Fishers Lane, 08N146B 202-616-4179 Rockville, MD 20857 alexa.roggel)kamp@usdoj.gov _l___ zo_____ z, _3,___ Dated: _<.9...., ·7_ /_ �I 5