# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: September 23, 2020

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

T HOMAS SHINSKEY

, * UNPUBLISHED

*

Petitioner, * No. 1 5

- 713 V

*

v. * Special Master Gowen

*

SECRETARY OF HEALTH * Stipulation for Award;

AND HUMAN SERVICES, * Tetanus

- diphtheria and

* pertussis ( “ Tdap ” ); Guil lain

Respondent. * Barr é Synd rome ( “ GBS ” ).

*

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

Amber D. Wilson

, Wilson Science Law, Washington, D.C., for petitioner.

V o ris E. Johnson

, U.S. Department of Justice, Washington, D.C., for respondent.

DECISION FOR STIPULATION 1

On July 9, 2015, T hom as Shinskey ( “ pe titioner ” ), filed a petition for compensation under

the National Vaccine Injury Program. 2 Petition (ECF No. 1). Petitio ner received the T dap

vaccine on July 30, 2012. Petition at Preamble; Stipulation ( “ S tip. ” ) at ¶ 2 (ECF No. 104)

. Petitioner alleges that a s a result of receiving the Tdap vaccin ation, he suffered Gu illain B arr é

Syn drome ( “ GBS ” ). Stip. at ¶ 4.

On Sept ember 23, 2020, respondent filed a stipulation providing that a decision should be

entered awarding compensation to pet itioner. Respondent denies that the Tdap vaccine wa s the

cause of petitioner ’ s alleged in juries, or any othe r injury or his cu rrent condition. Id. at ¶ 6.

Nevertheless, maintaining their respective positions, the parties now agree that the issues

1 P ursuant to the E

- Government Act of 2002, see 44 U.S.C. § 3501 note (2012), b ecause 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 citation s in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. §

300aa.2

between them shall be settled and that a decision should be entered awarding the compensation

to the petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶

7.

The stipulation provides:

1) A lump sum of $ 170,000.00 in the form of a check payable to petitioner , T h omas

S hinskey, which 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 th e amount

and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in

accordance with the terms of the parties’ stipulation. 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).IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

__________________________________________ )

THOMAS SHINSKEY

, )

)

Petitioner, )

) No. 15

- 713 V (ECF)

v. ) Special Master Gowen

)

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

__________________________________________)

STIPULATION

The parties hereby stipulate to the following matters:

1. Thomas Shinskey (“petitioner”) filed a petitio n 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 injurie s allegedly sustained following

petitioner ’s re ceipt of a Tdap vaccine , whi ch vaccine is contained in the Vaccine Injury Table

(the “Table”), 42 C.F.R. §100.3(a).

2. Petitioner received the Tdap vaccine on July 30, 2012

.

3. The vaccine was administered within the United States.

4. Petitioner alleges that he suffered Guillain

- Barré syndrome (“GBS”) that was

caused

- in

- fact by his receipt of the Tdap vaccine. Petitioner further alleges that he experienced

th e residual effects of his GBS for more than six months.

5. Petitioner represents that there has been no prior aw ard or settlement of a civil

actio n for damages as a result of his condition.

6

. Respondent denies that the Tdap vaccine caused petitioner’s alleged GBS and2 residual effects, or any other injury.

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 awardin g 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 p ursuant 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 $ 170 ,0 00.00 in the form of a che ck payable to petitioner,

Thomas Shinskey

, which amount represents compen sation for all damages

that would be availabl e und er 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 pursu ant 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 his attorney repres ent 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 mad e 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.

11. Paymen t 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), subject3 to the availability of sufficient statutory funds.

12. The parties and their attorneys fur ther agree and stipulate that, except for any

award for attorneys’ fees and litigation costs, and past unreimbursable expenses, the money

provided pursuant to this Stipulation will be used sole ly for the benefit of petitioner , as

contemplated by a strict construction of 42 U.S.C. § 300aa

- 1 5(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 his

individual capacity

, and on behalf of his heirs, executors, administrators, successors or assigns,

does forever irrevocably and unconditionally release, acquit and discharge the Secretary of

Health and Human Services and the United States of America from any and all actions or causes

of action (i ncluding 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 I njury

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 un known, suspected or unsuspected personal inju ries to, or death of,

petitioner resulting from, or allege d to have resulted from, th e Tdap vaccine administered on July

30, 2012

, as alleged by petitioner in a petition for vaccine compensatio n filed on or about July 9

,

2015 , in the United States Court of F ederal Cla ims as petition No. 15

- 713 V.

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.

15. If the special master fails to issue a decision in complete conformity with the

terms of this Stipulation, or if the Court of Fe deral Claims fails to enter judgment in conformity

with a decision that is in complete conformity with the terms of this Stipulation, then the parties’4 settlement and this Stipulation shall be voidable at the sole discretion of either party.

16. This Stip ulation expresses a full and complete negotiated settlement of liability

and damages claimed under the National 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

par ties 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’ respectiv e 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 construe d as an admission by the United States of

America or the Secretary of Health an d Human Services that petitioner ’s alleged GBS and

residual effects, or any other injury , were caused by the Tdap vaccine.

18. All rights and obligations of petitioner hereunde r shall apply equally to

petitioner’s heirs, successors and/or assigns.

END OF STIPULATION

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