# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-84 6V

(Not to be Published)

* * * * * * * * * * * * * * * * * * * * * * * * *

*

GERALD O ’ CONNOR, *

* Filed: April 5, 2017

Petitioner, *

* Decision by Stipulation; Damages;

v. * Tetanus Diphtheria Accellular Pertussis

* ( “ Tdap ” ); Guillain

- Barré Syndrome (“GBS”).

SECRETARY OF HEALTH AND *

HUMAN SERVICES, *

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * *

Edward M. Kraus , Law Offices of Chicago Kent, Chicago, IL , for Petitioner.

James George Bartolotto , U.S. Dep’t of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1



### On July 19, 2016, Gerald O ’ Connor filed a petition seeking compensation under the National

Vaccine Injury Compensation Program ( “Vaccine Program”)

. 2 

### Petitioner alleges he suffered from

Guillain

- Barré s yndrome as a result of his receipt of the tet anus

- diphtheria

- acellular

- pertussis

( “ T dap ” ) vaccine on April 3, 2014

. Moreover, Petitioner alleges that he experienced the residual

effects of this injury for more than six months.

Respondent denies that Petitioner’s alleged injuries were caused

- in -fact by his vaccination

and denies that the Tdap vaccine caused any other injury or his current condition

. Nonetheless both

parties , while maintaining their above

- stated positions, agreed in a s tipulation ( filed on A pril 5, 2017 )

1 This decision will be pos t ed 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. Specif ically, 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 (20 12) (“Vaccine Act” or “the Act”) . Individual

section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix).

### 2

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 $ 1 50 ,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

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.