# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: May 26, 2021

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

CHARLES DECHENE

, * No. 1 9

- 968 V

*

Petitioner, * Special Master Sanders

v. *

*

SECRETARY OF HEALTH * Stipulation for Award; Tetanus

- Di phtheria

AND HUMAN SERVICES, * ( “ Td ” ) Vaccine; Guillain

- Ba rr é Syndrome

* ( “ GBS ” )

Respondent. *

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

Jo hn R. Howie

, Jr. , Ho wie Law, PC

, Dalla s, TX

, for Petitioner.

C laudia B. Gangi

, United States Department of Justice, Washington, DC, for Respondent.

DECISION 1

On J uly 3, 2019

, Charles DeChene (“Petitioner”) filed a petition for compensation pursuant

to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa

- 10 to

- 34 (2012)

. Petitioner alleged that the Tetanus

- d iph theria ( “ Td ” ) vaccine he received on Ju ly 6, 2016

, caused

h im to devel op Guillain

- Barr é S yndrome ( “ GBS ” )

. See Pet. ¶¶ 1 , 13 , ECF No. 1. P etitioner further

alleged that h is injury lasted for more than six months

. Id. ¶ 12

. Petitioner filed an amended petition

alleg ing the sam e on June 24, 2020. Am. Pet. ¶ ¶ 1, 38, 40 , ECF No. 15.

On May 25 , 2021 , the parties filed a stipulation in which they state that a decision should

be entered awarding compensation to Petitioner. Stipulation ¶ 7, ECF No. 27

. The pa rti es state that

“ Respondent denies that the Td vaccine caused [P] etitioner ’ s alleged GBS, or any other injury or

his current conditi on. Id. ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached her eto

as Appendix A. See id. ¶ 7. I find the stipulation reasonable and adopt 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:

1 This D ecision shall be posted 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 (2012)). This means the Dec ision will be available to anyone with

access to the Internet. 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 i n 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 National Childhood Vaccine Injury Act of 1986, Pu b L. No. 99

- 660, 100 Stat. 3755.2 A lump sum of $ 82,000 .00

, in the form of a check payable to

[P]etitioner . This amount represents compensation for all damages that

would be available under 42 U.S.C. § 300aa

- 15(a).

Id

. ¶ 8

.

I approve 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 C lerk of

C ourt SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3

IT IS SO ORDERED.

s/ Herb rina D. Sanders

Herbrina D. Sanders

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.