Hendrickson v. Secretary of Health and Human Services

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: February 3, 2022

* * * * * * * * * * * * * CIARA HENDRICKSON, * * Petitioners, * No. 17-006V * v. * Special Master Gowen * SECRETARY OF HEALTH * Decision on Stipulation; AND HUMAN SERVICES, * HPV; Tdap; meningococcal; * optic neuritis; headaches. Respondent. * * * * * * * * * * * * * * Diana Lynn Stadelnikas, Maglio Christopher and Toale, PA, Sarasota, FL., for petitioner. Emilie Williams,, U.S. Department of Justice, Washington, D.C., for respondent.

DECISION ON STIPULATION 1

On January 3, 2017, Ciara Hendrickson (“petitioner”), filed a petition for compensation under the National Vaccine Injury Program. 2 Petition (ECF No. 1). Petitioner alleges that as a result of receiving the HPV and Tdap vaccination on July 30, 2015, and the meningococcal vaccination on August 5, 2015, she suffered from headaches and optic neuritis. Id. at 2.

On February 3, 2022, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation (“Stip.”) (ECF No. 89). Respondent denies that the vaccines caused or significantly aggravated petitioner’s alleged injury or any other injury. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties now agree that the issues between them shall be settled and that a decision should be entered

1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a

reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id.

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. awarding the compensation to the petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7.

The stipulation provides: a) A lump sum of $40,407.48 in the form of a check payable to petitioner; and b) A lump sum of $9,592.52, in the form of a check payable jointly to petitioner and the State of Florida Agency for Health Care Administration, representing reimbursement of a lien for services rendered to petitioner by the State of Florida, in the form of a check payable to:

Agency for Health Care Administration Florida Medicaid Casualty Recovery Program PO Box 12188 Tallahassee, FL 32317-2188

Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the stipulation and this decision. 3

IT IS SO ORDERED.

s/Thomas L. Gowen Thomas L. Gowen Special Master

3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a).