VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01837 Package ID: USCOURTS-cofc-1_21-vv-01837 Petitioner: Taylor Nicol Filed: 2021-09-10 Decided: 2023-02-07 Vaccine: Tdap Vaccination date: 2020-07-22 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 142929 AI-assisted case summary: On September 10, 2021, Taylor Nicol filed a petition under the National Vaccine Injury Compensation Program, alleging that he developed Guillain-Barré Syndrome (GBS) following receipt of a Tdap vaccine on July 22, 2020. Petitioner further alleged that he experienced residual effects from this injury for more than six months. The respondent denied that the Tdap vaccine caused Petitioner's GBS or any other injury, and also denied that Petitioner's current condition was a sequela of a vaccine-related injury. Despite these positions, both parties agreed to settle the case through a stipulation filed on January 10, 2023. Chief Special Master Brian H. Corcoran reviewed the file and adopted the parties' stipulation as the decision. The stipulation awarded Taylor Nicol a total of $142,929.00. This award included a lump sum of $9,751.20 to reimburse a Medicaid lien for services rendered by the State of Michigan, payable jointly to Petitioner and Equian. Another lump sum of $23,177.84 was awarded to reimburse a second Medicaid lien for services rendered by the State of Michigan, payable jointly to Petitioner and the Michigan Department of Health and Human Services. The remaining $110,000.00 was awarded as a lump sum payable to Petitioner, representing compensation for all other damages available under the Act. The decision was issued on February 7, 2023. Theory of causation field: Petitioner Taylor Nicol alleged that he suffered from Guillain-Barré Syndrome (GBS) as a result of receiving a Tdap vaccine on July 22, 2020, and experienced residual effects for more than six months. Respondent denied causation. The parties reached a stipulation to settle the case. The stipulation awarded Petitioner $142,929.00, comprising $9,751.20 for a Medicaid lien, $23,177.84 for a second Medicaid lien, and $110,000.00 for all remaining damages. The decision was issued by Chief Special Master Brian H. Corcoran on February 7, 2023, adopting the stipulation. The specific medical experts, clinical details of the alleged injury, onset, symptoms, treatments, or the mechanism of causation were not described in the provided public text. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01837-0 Date issued/filed: 2023-02-07 Pages: 9 Docket text: PUBLIC DECISION (Originally filed: 01/13/2023) regarding 36 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (saj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01837-UNJ Document 37 Filed 02/07/23 Page 1 of 9 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1837V * * * * * * * * * * * * * * * * * * * * * * * * * * Chief Special Master Corcoran TAYLOR NICOL, * * Petitioner, * Filed: January 13, 2023 * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * Anne Carrion Toale, Maglio Christopher and Toale, Sarasota, FL, for Petitioner. Rachelle Bishop, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 10, 2021, Taylor Nicol 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 receipt of the tetanus, diphtheria, and pertussis (“Tdap”) vaccine on July 22, 2020. Moreover, Petitioner alleges that he experienced residual effects of this injury for more than six months. 1 Because this decision contains a reasoned explanation for my actions in this case, I will post it on the United States Court of Federal Claims website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). 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 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-01837-UNJ Document 37 Filed 02/07/23 Page 2 of 9 Respondent denies that the Tdap vaccine caused Petitioner to develop GBS, or any other injury or condition. Respondent also denies that Petitioner’s current condition is sequelae of a vaccine-related injury. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on January 10, 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 $9,751.20, which represents reimbursement for a Medicaid lien for services rendered to petitioner by the State of Michigan, in the form of a check payable jointly to Petitioner and Equian P.O. Box 182643 Columbus, OH 43218 Equian Event Number: 83962967 Petitioner agree to endorse this check to Equian. • A lump sum of $23,177.84, which amount represents reimbursement for a second Medicaid lien for services rendered to Petitioner by the State of Michigan, in the form of a check payable jointly to petitioner and Michigan Department of Health and Human Services Third Party Liability Division P.O. Box 30053 Lansing, MI 48909-7979 Medicaid ID# 1252300398 Petitioner agrees to endorse this check to Michigan Department of Health and Human Services. • A lump sum of $110,000.00 in the form of a check payable to Petitioner. This amount represents compensation for all remaining damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation ¶ 8. These amounts represent compensation for all damages that would be available 2 Case 1:21-vv-01837-UNJ Document 37 Filed 02/07/23 Page 3 of 9 under Section 15(a) of the Act. I approve a Vaccine Program award in the requested amounts 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. 3 Case 1:21-vv-01837-UNJ Document 37 Filed 02/07/23 Page 4 of 9 Case 1:21-vv-01837-UNJ Document 37 Filed 02/07/23 Page 5 of 9 Case 1:21-vv-01837-UNJ Document 37 Filed 02/07/23 Page 6 of 9 Case 1:21-vv-01837-UNJ Document 37 Filed 02/07/23 Page 7 of 9 Case 1:21-vv-01837-UNJ Document 37 Filed 02/07/23 Page 8 of 9 Case 1:21-vv-01837-UNJ Document 37 Filed 02/07/23 Page 9 of 9