United States Court of Federal Claims, 2013

Patricia Moyer v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided February 4, 2013

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 10-02V Filed: February 4, 2013

************************************* PATRICIA MOYER, * NOT TO BE PUBLISHED

Petitioner, * Special Master Zane

v. * Stipulation; tetanus-diptheria

* (“Td”) vaccine; left hemisensory SECRETARY OF HEALTH * loss, paresthesia, thyroid issues, and AND HUMAN SERVICES, * chronic fatigue syndrome

Respondent. *

************************************* Jay Ankur Bansal, Law Offices of Jay A. Bansal, Tempe, AZ, for Petitioner Julia Wernett McInerny, United States Dep’t of Justice, Washington, DC, for Respondent

UNPUBLISHED DECISION 1

On February 2, 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 left hemisensory loss, paresthesia, thyroid issues, and chronic fatigue syndrome as a consequence of her receipt of the tetanus-diptheria (“Td”) vaccine, which vaccine is contained in the Vaccine Injury Table, 42 C.F.R § 100.3(a), and which she received on or about April 23, 2007. 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 left-side numbness 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 lump sum of $7,500.00, 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

1 The special master intends to post this decision on the website of the United States Court of Federal Claims in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). 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 clearly be an unwarranted invasion of privacy. As provided by Vaccine Rule 18(b), each party has 14 days to file a motion requesting the redaction from this decision of any such alleged material. In the absence of a timely request, which includes a proposed redacted decision, the entire document will be made publicly available. 2 This document constitutes a final “decision” in this case pursuant to 42 U.S.C. § 300aa- 12(d)(3)(A). Unless a motion for review of this decision is filed within 30 days, the Clerk of the Court shall enter judgment in accordance with this decision. 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.

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