# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 1288 V

Filed: June 8, 2021

UNPUBLISHED

DUNG TRAN

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Joint Stipulation on Damages;
Tetanus Diphtheria (Td ) Vaccine;

Guillain

- Barre Syndrome (GBS)

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA , for petitioner. Lynn Christina Schlie , U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1

On August 27, 2019

, p etitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. , 2 ( the

“Vaccine Act” )

. Petitioner alleges that he suffered Guillain Barre Syndrome ( “ GBS ” ) caused by his July 22, 2017 tetanus

- diphther i a ( “ Td ” ) vaccination . Petition at 1 ; Stipulation , filed June 8, 2021

, at ¶ ¶ 2

- 4

. Petitioner further alleges th at he experienced residual effects of his injury for more t han six months and that there has been no prior

award or settlement of a civil action for damages arising out of the alleged vaccine inj ury . Petit ion at 12 ; Stipulation at ¶¶ 5

. “ Respondent denies that the vaccine caused petitioner to develop GBS, and further denies that the vaccine c aused petitioner to suffer any other injury or petitioner ’ s current condition. ” Stipulation at ¶ 6.

Nevertheless, o n June 8, 2021 , the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation

1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will
be posted on the United States Court of Federal Claims’ website in accordance with the E

- Government

Act of 2002. See 44 U.S.C. § 3501 note (2012) (F ederal Management and Promotion of Electronic Government Services). This means the decision will be available to anyone with access to the

Internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact

medical or o ther information the disclosure of which would constitute an unwarranted invasion of privacy.

I f the special master, upon review, agrees that the identified material fits within this definition, it will be
redacted from public access.

2 National Childhoo d Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa (2012 ).2 reasonable and adopt it as the decision of the Court in awarding damages, on the terms

set forth therein.

Pursuant to the term s stated in the attached Stipulation

, I award the following
compensation:

A lump sum of $ 70,000.00 in the form of a check payable to petitioner

. Stipulation at ¶ 8. This amount represents compensation for all items of
damages that wo uld be available under § 15 (a). Id

.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision. 3

IT IS SO ORDERED.

s/ Daniel T. Horner

Daniel T. Horner Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.