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************************************* ERIK STEVEN PEDERSEN, * NOT TO BE PUBLISHED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UNPUBLISHED DECISION 1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.

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