VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00640 Package ID: USCOURTS-cofc-1_22-vv-00640 Petitioner: Mosel Pearlman-Ramirez Filed: 2022-06-09 Decided: 2023-05-23 Vaccine: Tdap Vaccination date: 2021-04-19 Condition: Guillain-Barré Syndrome (GBS) Outcome: compensated Award amount USD: 110000 AI-assisted case summary: Mosel Pearlman-Ramirez filed a petition for compensation on June 9, 2022, alleging that the Tdap vaccine received on April 19, 2021, caused Guillain-Barré Syndrome (GBS) and residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged injury. Despite this denial, the parties reached a stipulation for award, agreeing that Mosel Pearlman-Ramirez should receive compensation. The court adopted the stipulation, awarding a lump sum of $110,000.00 to cover all damages. This decision was entered on May 23, 2023, following the parties' agreement to expedite judgment. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses. Petitioner counsel was Elizabeth Abramson of Maglio Christopher & Toale, P.A., and respondent counsel was Voris Johnson of the United States Department of Justice. Special Master Herbrina Sanders issued the decision. Theory of causation field: Petitioner Mosel Pearlman-Ramirez alleged that the Tdap vaccine administered on April 19, 2021, caused Guillain-Barré Syndrome (GBS) and residual effects lasting over six months. The respondent denied causation. The parties entered into a stipulation for award, agreeing to a lump sum of $110,000.00 to compensate for all damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the GBS. The decision was issued by Special Master Herbrina Sanders on May 23, 2023, with Petitioner represented by Elizabeth Abramson and Respondent by Voris Johnson. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00640-0 Date issued/filed: 2023-05-23 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/08/2023) regarding 24 DECISION - Stipulation. Signed by Special Master Herbrina Sanders. (arm). Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00640-UNJ Document 28 Filed 05/23/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: May 8, 2023 * * * * * * * * * * * * * * * * * * * * * * * * * MOSEL PEARLMAN-RAMIREZ, * No. 22-640V * Petitioner, * Special Master Sanders v. * * Stipulation for Award; Tetanus Diphtheria SECRETARY OF HEALTH * Acellular Pertussis (“Tdap”) Vaccine; AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Elizabeth Abramson, Maglio Christopher & Toale, P.A., Washington, DC, for Petitioner. Voris Johnson, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On June 9, 2022, Mosel Pearlman-Ramirez (“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 tetanus diphtheria acellular pertussis (“Tdap”) vaccine he received on April 19, 2021, caused him to develop Guillain-Barré Syndrome (“GBS”). Id. at 3. Petitioner further alleged that he experienced the residual effects of his injury for more than six months. Id. at 10. On May 5, 2023, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Stipulation, ECF No. 23. Respondent “denies that the Tdap vaccine caused [P]etitioner’s alleged GBS and residual effects, or any other injury.” Id. at 1–2. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. Id. at 2. I find the stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulate that Petitioner shall receive the following compensation: 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), 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, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755. Case 1:22-vv-00640-UNJ Document 28 Filed 05/23/23 Page 2 of 7 A lump sum of $110,000.00 in the form of a check payable to [P]etitioner . . . which 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 1:22-vv-00640-UNJ Document 28 Filed 05/23/23 Page 3 of 7 Case 1:22-vv-00640-UNJ Document 28 Filed 05/23/23 Page 4 of 7 Case 1:22-vv-00640-UNJ Document 28 Filed 05/23/23 Page 5 of 7 Case 1:22-vv-00640-UNJ Document 28 Filed 05/23/23 Page 6 of 7 Case 1:22-vv-00640-UNJ Document 28 Filed 05/23/23 Page 7 of 7