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In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13-337V

Filed: June 17, 2016

* * * * * * * * * * * * * UNPUBLISHED

BRIAN RANDALL, *

*

Petitioner, * Special Master Gowen

*

v. * Joint Stipulation on Damages;

* Tetanus, Diphtheria and Pertussis 

SECRETARY OF HEALTH * (“Tdap”) Vaccine; Guillain-Barré

AND HUMAN SERVICES, * Syndrome (“GBS”); Chronic 

* Inflammatory Demyelinating 

Respondent. * Polyneuropathy (“CIDP”)

*

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

Franklin J. Caldwell, Jr., Maglio, Christopher & Toale, Sarasota, FL, for petitioner.

Gordon E. Shemin, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION ON JOINT STIPULATION1

On May 17, 2013, Brian Randall (“petitioner”) filed a petition pursuant to the National 

Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to 34 (2012). Petitioner alleged

that, as a result of receiving a tetanus, diphtheria and pertussis (“Tdap”) vaccination on

September 6, 2011, he developed a number of injuries, including Guillain-Barré Syndrome and 

chronic inflammatory demyelinating polyneuropathy (“CIDP”). Stipulation at ¶¶ 1, 2, 4. 

Further, petitioner alleged that he experienced residual effects of the injury for more than six 

months. Id. at ¶ 4. 

 

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the 

undersigned intends to post this ruling on the website of the United States Court of Federal Claims, in 

accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and 

Promotion of Electronic Government Services). As provided by 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).

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.
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On June 16, 2016, the parties filed a stipulation in which they state that a decision should 

be entered awarding compensation. Respondent denies that the Tdap vaccine caused any injury 

to petitioner. Stipulation at ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached 

hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts 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 in compensation:

(1) A lump sum of $400,000.00 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).

Id. at ¶ 8. 

The undersigned approves the requested amount for petitioner’s compensation. 

Accordingly, 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 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice 

renouncing the right to seek review.