In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 12-276V 

(Not to be published)

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

 * 

VIJAY PATEL, * 

 * 

 Petitioner, * Filed: March 26, 2015 

 * 

 v. * Decision by Stipulation; Damages; 

 * Tetanus-diphtheria-acellular 

 * pertussis (“Tdap”) vaccine; GuillainSECRETARY OF HEALTH AND * Barré Syndrome (“GBS”) 

HUMAN SERVICES, * 

 * 

 Respondent. * 

 * 

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

Anne Carrion Toale, Maglio Christopher and Toale, Sarasota, FL, for Petitioner. 

Althea Walker Davis, U.S. Dep’t of Justice, Washington, DC, for Respondent 

DECISION AWARDING DAMAGES1

On May 2, 2012, Vijay Patel filed a petition seeking compensation under the National 

Vaccine Injury Compensation Program, (“the Vaccine Program”).2 Petitioner alleges that he 

suffered Guillain-Barré syndrome (“GBS”) and related complications as a result of receiving a 

Tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine. 

1 Because this decision contains a reasoned explanation for my action in this case, I will post this decision on the 

United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 

107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by 42 

U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of 

confidential information. Specifically, under Vaccine Rule 18(b), each party has 14 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 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.A. ' 300aa-10-' 300aa-34 

(West 1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. 

' 300aa.

 
Respondent denies that Petitioner’s GBS and any related medical problems were caused 

by the receipt of the Tdap vaccine. Nonetheless both parties, while maintaining their abovestated positions, agreed in a stipulation filed March 25, 2015 that the issues before them can 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 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 $290,000.00, 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).

A lump sum payment of $2,907.67, representing compensation for satisfaction of 

the State of New York Medicaid lien, in the form of a check payable jointly to 

Petitioner and

 

 New York State Department of Health

 P.O. Box 415874 

 Boston, MA 02241-5874 

 Case No. 127953 (Medicaid Lien) 

Stipulation ¶ 8. 

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 jointly filing notice renouncing 

their right to seek review.

2