Susan Williamsen v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 10-223V Filed: July 3, 2013

************************************* SUSAN WILLIAMSEN, * NOT TO BE PUBLISHED

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Petitioner, * Special Master Zane

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v. * Stipulation; tetanus-diptheria (“Td”)

* vaccine; systemic lupus erythematosus SECRETARY OF HEALTH * (“SLE”) AND HUMAN SERVICES, *

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Respondent. *

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************************************* Anne Toale, Maglio, Christopher, and Toale, Sarasota, FL, for Petitioner Lisa Watts, United States Dep’t of Justice, Washington, DC, for Respondent

UNPUBLISHED DECISION 1

On July 3, 2013, the parties in the above-captioned case filed a Stipulation memorializing their agreement as to the appropriate amount of compensation in this case. Petitioner alleged that she suffered from systemic lupus erythematosus (“SLE”) as a consequence of her receipt of the tetanus-diptheria (“Td”) vaccine, which is a vaccine contained in the Vaccine Injury Table, 42 C.F.R § 100.3(a), and which she received on or about April 21, 2009. Petitioner alleges that she experienced the residual effects of this injury for more than six months. Petitioner also represents that there have been no prior awards or settlement of a civil action for these damages. Petitioner seeks compensation related to her injuries pursuant to the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10 to 34.

Respondent denies that the Td vaccine caused Petitioner’s SLE or any other injury and denies that Petitioner’s current disabilities are sequelae of her alleged vaccine-related injury. Nonetheless, the parties have agreed informally to resolve this matter. Stipulation, Appendix A hereto.

The undersigned hereby ADOPTS the parties’ said Stipulation, attached hereto as Appendix A, and awards compensation in the amount and on the terms set forth therein. Specifically, Petitioner is awarded:

a) a lump sum of $230,000.00, representing compensation for the reimbursement of a State of California Medicaid lien, payable jointly to petitioner and Department of Health Care Services, Personal Injury Unit/MS 4720, P.O. Box 997421, Sacramento, CA 95899-7421. Petitioner agrees to endorse this check to the Department of Health Care Services, Personal Injury Unit; and b) a lump sum of $770,000.00 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).

The Court thanks the parties for their cooperative efforts in resolving this matter. In the absence of a motion for review filed pursuant to RCFC, Appendix B, the Clerk is directed to enter judgment accordingly. 2

IT IS SO ORDERED. s/Daria J. Zane Daria J. Zane Special Master