Erik Steven Pedersen v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 11-576V Filed: February 4, 2013 ************************************* ERIK STEVEN PEDERSEN, * NOT TO BE PUBLISHED * Petitioner, * Special Master Zane * v. * Stipulation; measles-mumps-rubella * (“MMR”) and meningococcal vaccines; SECRETARY OF HEALTH * Guillain-Barre Syndrome (“GBS”) AND HUMAN SERVICES, * * Respondent. * * ************************************* John Howard Rogers, John H. Rogers, Attorney at Law, Salt Lake City, UT, for Petitioner Chrysovalantis Kefalas, United States Dep’t of Justice, Washington, DC, for Respondent UNPUBLISHED DECISION 1 On February 4, 2013, the parties in the above-captioned case filed a Stipulation memorializing their agreement as to the appropriate amount of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 he suffered from Guillain-Barre Syndrome (“GBS”) as a consequence of her receipt of the measles-mumps-rubella (“MMR”) and meningococcal vaccines, which are vaccines contained in the Vaccine Injury Table, 42 C.F.R § 100.3(a), and which he received on or about September 2, 2008. Petitioner alleges that he 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 his injuries pursuant to the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10 to 34.

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.

Respondent denies that the MMR or the meningococcal vaccines caused Petitioner’s GBS or any other injury and denies that Petitioner’s current disabilities are sequelae of his 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 $100,000.00, 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

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.