Jones v. Secretary of Health and Human Services

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-358V Filed: July 19, 2018 Not for Publication

************************************* ANITA JONES, * * Petitioner, * * v. * * Damages decision based on * stipulation; Tetanus-diphtheria- SECRETARY OF HEALTH * acellular pertussis (“Tdap”) AND HUMAN SERVICES, * vaccine; Guillain-Barré syndrome * (“GBS”) Respondent. * * ************************************* Simina Vourlis, Columbus, OH, for petitioner. Adriana R. Teitel, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES1

On July 18, 2018, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered from Guillain- Barré syndrome (“GBS”) that was caused by her receipt of Tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine on February 9, 2015. She further alleges that she experienced the residual effects of this injury for more than six months. Respondent denies that the Tdap vaccine caused petitioner to suffer GBS or any other injury. Nonetheless, the parties agreed to resolve this matter informally.

The undersigned finds the terms of the stipulation to be reasonable. The court hereby

1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to delete such information prior to the document’s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall delete such material from public access. adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set for therein. Pursuant to the stipulation, the court awards:

a. a lump sum of $165,000.00, in the form of a check payable to petitioner representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a);

b. a lump sum of $192.38, representing reimbursement of the State of Ohio Medicaid lien for services rendered on behalf of petitioner in the form of a check payable jointly to petitioner and

Ohio Tort Recovery Unit 350 Worthington Rd., Suite G Westerville, OH 43082 Case Number: 1086377

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2

IT IS SO ORDERED.

Dated: July 19, 2018 s/ Laura D. Millman Laura D. Millman Special Master

2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2