VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00677
Package ID: USCOURTS-cofc-1_22-vv-00677
Petitioner: Gerret Swearingen
Filed: 2022-06-17
Decided: 2025-01-02
Vaccine: Tdap
Vaccination date: 2020-06-12
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 126000

AI-assisted case summary:
Gerret Swearingen filed a claim under the National Vaccine Injury Compensation Program on June 17, 2022, alleging that the tetanus, diphtheria, and acellular-pertussis (Tdap) vaccine he received on June 12, 2020, caused him to suffer Guillain-Barré Syndrome (GBS). The Tdap vaccine is listed on the Vaccine Injury Table. The respondent, the Secretary of Health and Human Services, denied that the Tdap vaccine caused Mr. Swearingen's GBS or any other injury. Despite maintaining their respective positions, the parties reached a stipulation to settle the case. The decision, issued by Special Master Thomas L. Gowen on January 2, 2025, adopted the parties' stipulation. Under the terms of the stipulation, Mr. Swearingen was awarded a lump sum of $126,000.00, payable by check to the petitioner, as compensation for all damages. This award represents a settlement of liability and damages, and the United States does not admit that the Tdap vaccine caused Mr. Swearingen's GBS. The stipulation also provides for future proceedings to award reasonable attorneys' fees and costs. The parties waived their right to seek review of the decision. The public decision was originally filed on November 12, 2024. Petitioner was represented by Leah V. Durant of the Law Offices of Leah V. Durant, and respondent was represented by Mary E. Holmes of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details of the GBS, diagnostic tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Gerret Swearingen alleged that his Tdap vaccination on June 12, 2020, caused Guillain-Barré Syndrome (GBS), an injury listed on the Vaccine Injury Table. Respondent denied causation. The parties stipulated to settle the case, agreeing to an award of $126,000.00 for all damages. The stipulation explicitly states that it is not an admission by the United States that the Tdap vaccine caused petitioner's GBS. The public decision does not detail the specific medical evidence, expert testimony, or the mechanism of causation relied upon by either party, as the case was resolved via stipulation. Special Master Thomas L. Gowen issued the decision on January 2, 2025. Petitioner was represented by Leah V. Durant, and respondent by Mary E. Holmes. The award was a lump sum of $126,000.00.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00677-0
Date issued/filed: 2025-01-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/12/24) regarding 40 DECISION on Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made.
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Case 1:22-vv-00677-UNJ Document 44 Filed 01/02/25 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: November 12, 2024
* * * * * * * * * * * * *
GERRET SWEARINGEN, *
*
Petitioner, * No. 22-677V
*
v. * Special Master Gowen
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Leah V. Durant, Law Offices of Leah V. Durant, Washington, D.C., for petitioner.
Mary E. Holmes, U.S. Department of Justice, Washington, D.C., for respondent.
DECISION ON STIPULATION1
On June 17, 2022, Gerret Swearingen (“petitioner”) filed a claim in the National Vaccine
Injury Compensation Program.2 Petition (ECF No. 1). Petitioner alleged that the tetanus,
diphtheria, and acellular-pertussis (“Tdap”) vaccine he received on June 12, 2020, caused him to
suffer Guillain-Barré Syndrome (“GBS”). Id.
On November 12, 2024, respondent file a stipulation providing that a decision should be
entered awarding compensation to petitioner. Stipulation (“Stip.”) (ECF No. 39). Respondent
denies that the Tdap vaccine caused petitioner’s GBS, or any other injury or his current
condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties now agree
that the issues between them shall be settled and that a decision should be entered awarding
compensation according to the terms of the Stipulation attached here to as Appendix A. Id. at ¶
7.
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a
reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of
Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the
opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s
website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the
decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the
court’s website without any changes. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury
Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine
Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.

Case 1:22-vv-00677-UNJ Document 44 Filed 01/02/25 Page 2 of 7
The stipulation provides:
1) A lump sum of $126,000.00 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).
I adopt the parties’ Stipulation attached hereto and award compensation in the amount and on
the terms set forth therein. Accordingly, the Clerk of Court SHALL ENTER JUDGMENT in
accordance with the terms of the Stipulation and this Decision.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule
11(a).
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Case 1:22-vv-00677-UNJ Document 44 Filed 01/02/25 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
GERRET SWEARINGEN, )
)
Petitioner, )
) No. 22-677V
v. ) Special Master Gowen
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
STIPULATION
The parties hereby stipulate to the following matters:
1. Gerret Swearingen, petitioner, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the “Vaccine
Program”). The petition seeks compensation for injuries allegedly related to petitioner’s receipt
of a tetanus, diphtheria, and acellular-pertussis vaccine (“Tdap”) vaccine, which vaccine is
contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3 (a).
2. Petitioner received their Tdap vaccination on June 12, 2020.
3. The vaccination was administered within the United States.
4. Petitioner alleges that petitioner suffered from Guillain-Barré Syndrome (“GBS”) that
was caused-in-fact by the Tdap vaccine. Petitioner further alleges that petitioner suffered the
residual effects of the alleged injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on petitioner’s behalf as a result of the alleged injury.

Case 1:22-vv-00677-UNJ Document 44 Filed 01/02/25 Page 4 of 7
6. Respondent denies that petitioner’s alleged GBS or its residual effects were caused-in-
fact by the Tdap vaccine; and denies that the Tdap vaccine caused petitioner any other injury or
petitioner’s current condition.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $126,000.00 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).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys’ fees and costs incurred in proceeding upon this
petition.
10. Petitioner and petitioner’s attorney represent that compensation to be provided
pursuant to this Stipulation is not for any items or services for which the Program is not
primarily liable under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can
reasonably be expected to be made under any State compensation programs, insurance policies,
Federal or State health benefits programs (other than Title XIX of the Social Security Act (42
U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
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11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys’ fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner’s
individual capacity, and on behalf of petitioner’s heirs, executors, administrators, successors or
assigns, does forever irrevocably and unconditionally release, acquit and discharge the United
States and the Secretary of Health and Human Services from any and all actions or causes of
action (including agreements, judgments, claims, damages, loss of services, expenses and all
demands of whatever kind or nature) that have been brought, could have been brought, or could
be timely brought in the Court of Federal Claims, under the National Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out
of, any and all known or unknown, suspected or unsuspected personal injuries to or death of
petitioner resulting from, or alleged to have resulted from, the Tdap vaccination administered on
June 12, 2020, as alleged in a petition for vaccine compensation filed on or about June 17, 2022,
in the United States Court of Federal Claims as petition No. 22-677V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
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15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties’
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the Tdap vaccine caused petitioner’s alleged GBS
or any other injury or petitioner’s current condition.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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