Deuel v. Secretary of Health and Human Services

• Court: United States Court of Federal Claims
• Decided: April 22, 2025
• Docket: 22-0830V
• Status: Published

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS

************************* OSMYN LAVOR DEUEL, * * No. 22-830V * * Petitioner, * Special Master Christian J. Moran * v. * * Filed: April 1, 2025 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * ************************* David Charles Richards, Christensen & Jensen, P.C., Salt Lake City, UT, for Petitioner; Nina Ren, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION 1

On April 1, 2025, the parties filed a joint stipulation concerning the petition for compensation filed by Osmyn Lavor Deuel on July 28, 2022. Petitioner alleged that the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine he received on August 1, 2019, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused Mr. Deuel to suffer from Guillain-Barré Syndrome (“GBS”) or chronic inflammatory demyelinating polyradiculoneuropathy (“CIDP”). Petitioner represents that there has been no prior award or settlement of

1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal 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), the parties have 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. Any changes will appear in the document posted on the website. a civil action for damages on Mr. Deuel’s behalf as a result of Mr. Deuel’s condition.

Respondent denies that Mr. Deuel’s alleged GBS or CIDP were caused-in- fact by the Tdap vaccine; and denies that the Tdap vaccine caused Mr. Deuel any other injury or Mr. Deuel’s current condition. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

Damages awarded in that stipulation include:

A lump sum of $80,000.00 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner.

This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation.2

IT IS SO ORDERED.

s/Christian J. Moran Christian J. Moran Special Master

2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge.