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 In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 14-840V

Filed: August 21, 2015

* * * * * * * * * * * * * * * * UNPUBLISHED

MICHAEL SCHIFFGENS, *

 * Special Master Hamilton-Fieldman

Petitioner, *

 * Joint Stipulation on Damages;

v. * Tetanus-Diphtheria-Acellular

 * Pertussis (“Tdap”) Vaccine;

SECRETARY OF HEALTH * Guillain-Barré Syndrome (“GBS”). 

AND HUMAN SERVICES, *

 *

Respondent. *

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

John R. Howie, Jr., Howie Law, P.C., Dallas, TX, for Petitioner.

Darryl R. Wishard, United States Department of Justice, Washington, D.C., for Respondent.

DECISION1

On September 10, 2014, Michael Schiffgens (“Petitioner”) filed a petition pursuant to the 

National Vaccine Injury Compensation Program.

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42 U.S.C. §§ 300aa-1 to -34 (2006). 

Petitioner alleged that a Tetanus- Diphtheria- Acellular Pertussis (“Tdap”) vaccination 

administered on September 6, 2011 caused him to develop Guillain-Barré Syndrome (“GBS”). 

Petition (“Pet.”) at 1-9. 

On August 21, 2015, the parties filed a stipulation in which they state that a decision 

should be entered awarding compensation. Respondent denies that the Tdap vaccine caused or 

significantly aggravated Petitioner’s condition or any other injury. However, the parties agree to 

 

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, Pub. L. No. 107-347, § 205, 116 

Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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 (2006) (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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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 compensation:

A. A lump sum of $129,385.20, in the form of a check payable to Petitioner; and

B. A lump sum of $443.69, which amount represents compensation for reimbursement

of the Medicaid lien, in the form of a check payable jointly to Petitioner and the 

Commonwealth of Massachusetts- CRU (Case No. CRG379173), P.O. Box 417811, 

Boston, MA 02241-7811. Petitioner agrees to endorse this payment to the 

Commonwealth of Massachusetts. 

This above amount represent[s] compensation for all damages that would be available under 

U.S.C. § 300aa-15(a). 

Stipulation ¶ 8.

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

Accordingly, an award should be made consistent with the stipulation. 

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of 

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ 

stipulation.3

IT IS SO ORDERED.

s/ Lisa Hamilton-Fieldman

 Lisa Hamilton-Fieldman

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.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

MICHAEL SCHIFFGE S, 

Petitioner, 

v. 

SECRETARY OF HEALTH 

AND HUMAN SER VICES, 

Respondent. 

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No. I 4-840V ECF 

Special Master Hamilton-Fieldman 

STIPULATION 

The parties hereby stipulate to the fo llowing matters: 

l. Petitioner, Michael Schiffgens, filed a petition for vaccine compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa- I 0 to 34 (the "Vaccine 

Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt 

of the tetanus-diphtheria-acellular pertussis ("Tdap") vaccine, which is contained in the Vaccine 

Injury Table (the "Table"), 42 C.F.R. § I 00.3(a). 

2. On September 6, 20 11 , petitioner received the Tdap vaccine. 

3. The Tdap vaccine was administered within the United States. 

4. Petitioner alleges that, as a result of receiving the Tdap vaccine, he suffered from 

Guillain-Barre syndrome ("GBS"), with an onset date of September 28, 201 1, and that he 

experienced symptoms of this injury for more than six months. 

5. Petitioner represents that there has been no prior award or settlement of a civil action 

for damages as a result of his alleged injuries. 
6. Respondent denies that the Tdap vaccine either caused or significantly aggravated 

petitioner's alleged injuri es or any other injury, and denies that petitioner's current disabil iti es 

are the result of a vaccine-related 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 awarding the 

compensation described in paragraph 8 of this Stipulation. 

8. As soon as practicable after an entry of judgment refl ecting a dec ision consistent 

with the terms of this Stipulation, and after petitioner has filed an election to receive 

compensation pursuant to 42 U.S.C. § 300aa-2 l(a)( 1 ), the Secretary of Health and Human 

Services will issue the following vaccine compensation payments: 

a. A lump sum of $ 129,385.20, in the fo rm of a check payabl e to petitioner; and 

b. A lump sum of $443.69, which amount represents compensation for 

reimbursement of the Medica id lien, in the form of a check payable jointly to 

petitioner and the Commonwealth of Massachusetts - CRU (Case No. 

CRG379 173), P.O. Box 41 78 11 , Boston, MA 02241 -78 11. Petitioner agrees to 

endorse this payment to the Commonwealth of Massachusetts. 

The above amounts represent compensation for all damages that would be available under 42 

U.S.C. § 300aa- l 5(a). 

9. As soon as practicable after the entry of judgment on entitlement in this case, and 

after petitioner has fil ed both a proper and timely election to receive compensation pursuant to 

42 U.S.C. Section 300aa-2 1 (a)(l ), 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 peti tion. 

l 0. Petitioner and his attorney represent that compensation to be provided pu rsuant to 

this Stipulation is not fo r any items or services fo r which the Program is not primarily liable 

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under 42 U.S.C. § 300aa- 15(g), to the extent that payment has been made or can reasonably be 

expected to be made 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. Payments made pursuant to paragraph 8 of this Stipulation, and any amounts 

awarded pursuant to paragraph 9 of this Stipulation, will be made in accordance with 42 U.S.C. 

§ 300aa-l 5(i), subject to the availability of sufficient statutory funds. 

12. The parties and their attorneys further agree and stipul ate that, except fo r any award 

for attorneys' fees and litigation costs, the money provided pursuant to this Stipul ation will be 

used solely for the benefit of petitioner, as contemplated by a strict construction of 42 U.S.C. 

§ 300aa- l 5(a) and ( d), and subj ect to the conditions of 42 U.S.C. §§ 300aa-l 5(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 United States and 

the Secretary of Health and Human Services from any and all actions, causes of action (including 

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 Injury 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 

unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or 

alleged to have resulted from, the Tdap vaccine administered on September 6, 20 I I, as alleged 

by petitioner in a petition for vaccine compensation fil ed on or about September l 0, 2014, in the 

United States Court of Federal Claims as petition No. 14-840V. 

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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 paities. 

15. If the special master fails to issue a decision in complete confo1mity with the terms 

of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a 

decision that is in complete confom1ity with the terms of this Stipulation, then the patties' 

settlement and this Stipulation shall be voidable at the sole discretion of either party. 

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

damages claimed under the National Childhood 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 

parties 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' respective 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 construed as an admission by the United States or the 

Secretary of Health and Human Services that the Tdap vaccine received by petitioner either caused 

or significantly aggravated petitioner's alleged injuries or any other injury. 

18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's 

heirs, executors, administrators, successors, and/or assigns. 

END OF ST IP ULA TION 

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Respectfully submitted, 

PETITIONER: 

ATTORNEY OF 

PETITIONER: 

JO~OWIE,JR. 

Howie Law, P.C. 

4040 North Central Expressway, Suite 850 

Dallas, TX 75204 

(214) 622-6340 

AUTHORIZED REPRESENTATJVE 

OF THE SECRETARY OF HEALTH 

AND HUMAN SERVICES: 

A. MELISSA HOU TON, M.D., M.P.H, FAAP 

Director, Division of Injury 

Compensation Programs (DICP) 

Healthcare Systems Bureau 

U.S. Department of Health and 

Human Services 

5600 Fishers Lane 

Parl<lawn Building, Mail Stop 11 C-26 

Rockville, MD 20857 

Dated: ~~~

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AUTHORIZED REPRESENTATIVE 

OF'fHE ATTORNEY Gj!:NERAL: 

7.)lA'\o ~ :J. ~ -

6:1t~ [r-___ 

VINCENT J. MATANOSKI 

Deputy Director 

Torts Branch 

Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

ATTORNEY OF RECORD FOR 

RESPONDENT: 

DARRYL R. WISHARD 

Senior Trial Attorney 

Torts Branch 

Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franl<lin Station 

Washington, DC 20044-0 146 

(202) 616-4357