Tania Poma and Jose S. Manzano, Natural Parents and Guardians of Dylan Manzano, a Minor v. Secretary of Health and Human Services

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

************************* TANIA POMA and JOSE S. MANZANO, * natural parents and guardians of * No. 12-427V DYLAN MANZANO, a minor, * Special Master Christian J. Moran * Petitioners, * * Filed: June 26, 2013 v. * * Stipulation; tetanus-diphtheria-acellular SECRETARY OF HEALTH * pertussis (Tdap), meningococcal, hepatitis AND HUMAN SERVICES, * A vaccines; Guillain-Barré Syndrome * (GBS); attorneys’ fees and costs Respondent. * ************************* UNPUBLISHED DECISION1 Carol L. Gallagher, Linwood, NJ, for Petitioners; Ann D. Martin, U.S. Department of Justice, Washington, D.C., for Respondent.

On June 20, 2013, the respondent filed a joint stipulation concerning the petition for compensation filed by Tania Poma and Jose Manzano on behalf of their son, Dylan Manzano (“Dylan”). Their petition seeks compensation for injuries allegedly related to Dylan’s receipt of tetanus-diphtheria-acellular pertussis (“Tdap”), meningococcal, and hepatitis A (“Hep A”) vaccines, which are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which Dylan received on June 10, 2011. Petitioners allege that on or about June 21, 2011, Dylan suffered the onset of Guillain-Barré Syndrome (“GBS”), which was caused in fact by the vaccines he received on June 10, 2011. Petitioners further allege that Dylan suffered the residual effects of this injury for more than six months. Petitioners represent that there has been no prior award or settlement of a civil action for damages on Dylan’s behalf as a result of his condition.

Respondent denies that the Tdap, meningococcal, and/or Hep A vaccines that Dylan received on June 10, 2011, or any other vaccines, caused Dylan’s GBS, or any other injury.

The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website.

Respondent further denies that Dylan experienced the residual effects of a vaccine-related injury for more than six months.

Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A.

The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages and attorneys’ fees and costs, on the terms set forth therein.

Compensation awarded in that stipulation includes: A. A lump sum payment of $90,000.00 to purchase the annuity contract described in paragraph 10 of the stipulation, paid to the life insurance company from which the annuity will be purchased; and B. A lump sum of $18,192.05 in the form of a check payable jointly to petitioners and petitioners’ attorney, Carol L. Gallagher, for attorneys’ fees and costs; and C. A lump sum of $310.28 in the form of a check payable to petitioners, which in compliance with General Order #9, constitutes the out-of-pocket litigation expenses incurred by petitioners in proceeding on the petition.

These payments represent compensation for all damages that would be available under 42 U.S.C. §300aa-15(a), and reasonable attorneys’ fees and costs under 42 U.S.C. §300aa-15(e).

In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 12-427V according to this decision and the attached stipulation.2 Any questions may be directed to my law clerk, Tucker McCarthy, at (202) 357-6392.

IT IS SO ORDERED.

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

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.