VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00035 Package ID: USCOURTS-cofc-1_22-vv-00035 Petitioner: Jon Tulloch Filed: 2022-01-11 Decided: 2024-06-12 Vaccine: Tdap Vaccination date: 2019-02-21 Condition: Guillain-Barré syndrome (“GBS”) Outcome: compensated Award amount USD: 35000 AI-assisted case summary: Jon Tulloch received a Tdap vaccine on February 21, 2019. He alleged that this vaccine caused him to suffer from Guillain-Barré syndrome (GBS), a condition listed on the Vaccine Injury Table, and that he experienced residual effects for more than six months. The respondent denied that the vaccine caused GBS or any other injury. Despite the denial, the parties filed a joint stipulation for compensation. The court adopted the stipulation, awarding Jon Tulloch a lump sum of $35,000.00 for all damages. A subsequent decision on June 12, 2024, awarded $50,058.44 in attorneys' fees and costs related to the case. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00035-0 Date issued/filed: 2023-10-11 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/25/2023) regarding 53 Judgment, Signed by Special Master Christian J. Moran. (ceo) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00035-UNJ Document 55 Filed 10/11/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * * * * JON TULLOCH, * * No. 22-35V * Petitioners, * * Special Master Christian J. Moran v. * * SECRETARY OF HEALTH * Filed: September 18, 2023 AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Ronald Homer and Meredith Daniels, Conway Homer, PC, Boston, MA, for Petitioner; Katherine Carr Esposito, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On September 15, 2023, the parties filed a joint stipulation concerning the petition for compensation filed by Jon Tulloch on January 11, 2022. Petitioner alleged that the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine he received on February 21, 2019, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer from Guillain-Barré syndrome (“GBS”) as defined in the Table. Petitioner further alleges that he suffered the residual effects of this injury for more than six months. Petitioner represents that 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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), the parties have 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. Any changes will appear in the document posted on the website. Case 1:22-vv-00035-UNJ Document 55 Filed 10/11/23 Page 2 of 7 there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. Respondent denies that petitioner sustained a GBS Table injury; denies that the Tdap vaccine caused petitioner to suffer GBS or any other injury; and denies that petitioner’s current condition is a sequela of a vaccine-related injury. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A lump sum of $35,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 Case 1:22-vv-00035-UNJ Document 55 Filed 10/11/23 Page 3 of 7 Case 1:22-vv-00035-UNJ Document 55 Filed 10/11/23 Page 4 of 7 Case 1:22-vv-00035-UNJ Document 55 Filed 10/11/23 Page 5 of 7 Case 1:22-vv-00035-UNJ Document 55 Filed 10/11/23 Page 6 of 7 Case 1:22-vv-00035-UNJ Document 55 Filed 10/11/23 Page 7 of 7 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_22-vv-00035-1 Date issued/filed: 2024-07-08 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 6/12/2024) regarding 61 DECISION of Special Master - Fees Signed by Special Master Christian J. Moran. (ceo) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00035-UNJ Document 64 Filed 07/08/24 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * * * * JON TULLOCH, * * No. 22-35V * Petitioners, * * Special Master Christian J. Moran v. * * SECRETARY OF HEALTH * Filed: June 12, 2024 AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Ronald Homer and Meredith Daniels, Conway Homer, PC, Boston, MA, for Petitioner; Katherine Carr Esposito, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION AWARDING ATTORNEYS’ FEES AND COSTS1 Pursuant to 42 U.S.C. § 300aa-15(e), petitioner has requested a total of $50,058.44 in attorneys’ fees and costs. The undersigned tentatively found that petitioner requested a reasonable amount and was entitled to the full amount requested. The undersigned allowed respondent an opportunity to comment. Respondent did not interpose any objections within the time permitted. 1 The E-Government, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:22-vv-00035-UNJ Document 64 Filed 07/08/24 Page 2 of 2 Petitioner’s attorney, attorney staff, and expert have requested hourly rates that are consistent with the rates previously awarded. The number of hours is reasonable. Thus, the amount requested is reasonable. Petitioner is awarded $50,058.44. This amount shall be made payable as a lump sum in the form of a check jointly payable to petitioner and petitioner’s counsel, Ronald Homer.2 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/Christian J. Moran Christian J. Moran Special Master 2 Although Dr. Latov’s charge is accepted as reasonable due, in part, to the lack of opposition from the Secretary, Dr. Latov should define his activities with more specificity (or with less block billing). See Pet’r’s Fee App’n at pdf 30. 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 2