Sn the Guited States Court of Federal Clanns
OFFICE OF SPECIAL MASTERS No. 19-1283V Filed: November 2, 2021 UNPUBLISHED
KIRK RICHARDSON, Petitioner, V. Joint Stipulation on Damages; Tetanus, diphtheria, acellular SECRETARY OF HEALTH AND pertussis (Tdap) vaccine; Guillain- HUMAN SERVICES, Barre syndrome (GBS) Respondent.
Leah Durant, Law Offices of Leah V. Durant, PLLC, Washington, D.C., for petitioner. Kyle Pozza, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION’
On August 27, 2019, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,* (the “Vaccine Act”). Petitioner alleges that he suffered Guillain-Barre syndrome (“GBS”) as a result of his June 19, 2018 tetanus, diphtheria, acellular pertussis (“Tdap”) vaccination. Petition at 1; Stipulation, filed November 2, 2021, at 4. Petitioner further alleges that he has experienced the residual effects of his condition for more than six months, that there has been no prior award or settlement of a civil action for damages as a result of his condition, and that his vaccine was administered in the United States. Petition at 4: Stipulation at Jf] 3-5. “Respondent denies that the Tdap vaccine caused petitioner to suffer GBS or any other injury, and/or his current condition.” Stipulation at J] 6.
Nevertheless, on November 2, 2021, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. | find the
1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will be posted on the United States Court of Federal Claims’ website in accordance with the E-Government Act of 2002. See 44 U.S.C. § 3501 note (2012) (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), petitioner has 14 days to identify and move to redact medical or other information the disclosure of which would constitute an unwarranted invasion of privacy. If the special master, upon review, agrees that the identified material fits within this definition, it will be redacted from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, | award the following compensation:
A lump sum of $135,181.05 in the form of a check payable to petitioner. Stipulation at J 8. This amount represents compensation for all items of damages that would be available under § 15(a). /d.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision. * IT |S SO ORDERED. s/Daniel T. Horner
Daniel T. Horner Special Master
? Pursuant to Vaccine Rule 11(a), entry of judgment can be 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
) KIRK RICHARDSON, ) ) Petitioner, ) ) No. 19-1283 V. ) Special Master Daniel T, Horner ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ) STIPULATION
The parties hereby stipulate to the following matters:
1. Kirk Richardson, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 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 a vaccine contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3 (a).
2. Petitioner received the Tdap vaccine and pneumococcal vaccine on June 19, 2018.
3. The vaccinations were administered within the United States.
4. Petitioner alleges that he sustained Guillain-Barré syndrome (“GBS”) as a result of receiving the Tdap vaccine, and suffered the residual effects of this alleged injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition.
6. Respondent denies that the Tdap vaccine caused petitioner to suffer GBS or any other injury, and/or his current condition.
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 reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue the following vaccine compensation payment:
A lump sum of $135,181.05 in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), 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 petition.
10. Petitioner and his attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable 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. Payment 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- 15(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award for attorneys’ fees and litigation costs, and past unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C.
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Sn the Guited States Court of Federal Clanns
OFFICE OF SPECIAL MASTERS No. 19-1283V Filed: November 2, 2021 UNPUBLISHED
KIRK RICHARDSON, Petitioner, V. Joint Stipulation on Damages; Tetanus, diphtheria, acellular SECRETARY OF HEALTH AND pertussis (Tdap) vaccine; Guillain- HUMAN SERVICES, Barre syndrome (GBS) Respondent.
Leah Durant, Law Offices of Leah V. Durant, PLLC, Washington, D.C., for petitioner. Kyle Pozza, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION’
On August 27, 2019, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,* (the “Vaccine Act”). Petitioner alleges that he suffered Guillain-Barre syndrome (“GBS”) as a result of his June 19, 2018 tetanus, diphtheria, acellular pertussis (“Tdap”) vaccination. Petition at 1; Stipulation, filed November 2, 2021, at 4. Petitioner further alleges that he has experienced the residual effects of his condition for more than six months, that there has been no prior award or settlement of a civil action for damages as a result of his condition, and that his vaccine was administered in the United States. Petition at 4: Stipulation at Jf] 3-5. “Respondent denies that the Tdap vaccine caused petitioner to suffer GBS or any other injury, and/or his current condition.” Stipulation at J] 6.
Nevertheless, on November 2, 2021, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. | find the
1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will be posted on the United States Court of Federal Claims’ website in accordance with the E-Government Act of 2002. See 44 U.S.C. § 3501 note (2012) (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), petitioner has 14 days to identify and move to redact medical or other information the disclosure of which would constitute an unwarranted invasion of privacy. If the special master, upon review, agrees that the identified material fits within this definition, it will be redacted from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, | award the following compensation:
A lump sum of $135,181.05 in the form of a check payable to petitioner. Stipulation at J 8. This amount represents compensation for all items of damages that would be available under § 15(a). /d.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision. * IT |S SO ORDERED. s/Daniel T. Horner
Daniel T. Horner Special Master
? Pursuant to Vaccine Rule 11(a), entry of judgment can be 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
) KIRK RICHARDSON, ) ) Petitioner, ) ) No. 19-1283 V. ) Special Master Daniel T, Horner ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ) STIPULATION
The parties hereby stipulate to the following matters:
1. Kirk Richardson, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 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 a vaccine contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3 (a).
2. Petitioner received the Tdap vaccine and pneumococcal vaccine on June 19, 2018.
3. The vaccinations were administered within the United States.
4. Petitioner alleges that he sustained Guillain-Barré syndrome (“GBS”) as a result of receiving the Tdap vaccine, and suffered the residual effects of this alleged injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition.
6. Respondent denies that the Tdap vaccine caused petitioner to suffer GBS or any other injury, and/or his current condition.
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 reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue the following vaccine compensation payment:
A lump sum of $135,181.05 in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), 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 petition.
10. Petitioner and his attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable 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. Payment 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- 15(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award for attorneys’ fees and litigation costs, and past unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(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 or 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 and pneumococcal vaccinations administered on June 19, 2018, identified in a petition for vaccine compensation filed on or about August 27, 2019, in the United States Court of Federal Claims as petition No. 19-1283V.
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 parties. 15. If the special master fails to issue a decision in complete conformity 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 conformity with the terms of this Stipulation, then the parties’ 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 caused petitioner to sustain GBS, or any other injury or his current condition.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
™~™ “~~ ™ ~~ OO Respectfully submitted,
PETITIONER:
CLL 2 LLZ
KIRK RICHARDSON
ATTORNEY OF RECORD FOR PETITIONER:
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LEAH V.DURANTVY — * Counsel for Petitioner
Law Offices of Leah V. Durant, PLLC 1717 K Street NW, Suite 900 Washington, DC 20006
——
AUTHORIZED REPRESENTATIVE OF THE SECRETARY OF HEALTH AND HUMAN SERVICES:
Dale Wuhlar, ON Sc, APRN, fp
TAMARA OVERBY
Acting Director, Division of Injury Compensation Programs
Health Systems Bureau
Health Resources and Services Administration
U.S. Department of Health and Human Services
5600 Fishers Lane, 08N 146B
Rockville, MD 20857
Dated: } ov lzoz
AUTHORIZED REPRESENTATIVE OF THE ATTORNEY GENERAL:
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HEATHER L. PEARLMAN 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:
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KYLE E. POZZA
Trial Attorney
Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146
Benjamm Franklin Station Washington, DC 20044-0146 Tel: (202) 616-3661 Kyle.Pozza@usdoj.gov