Grabarek v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

********************* PAUL GRABAREK, * No. 13-817V

* Special Master Christian J. Moran Petitioner, *

* Filed: September 23, 2014 v. *

* Stipulation; Tetanus-Diphtheria- SECRETARY OF HEALTH * acellular Pertussis (“Tdap”) vaccine; AND HUMAN SERVICES, * Chronic Inflammatory Demyelinating

* Polyradiculoneuropathy (“CIDP”); Respondent. * attorneys’ fees and costs.

********************* Edward Kraus, Law Offices Chicago-Kent College of Law, Chicago, IL, for Petitioner; Claudia Gangi, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1

On September 19, 2014, respondent filed a joint stipulation concerning the petition for compensation filed by Paul Grabarek on October 21, 2013. In his petition, Mr. Grabarek alleged that the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on July 21, 2011, caused him to suffer chronic inflammatory demyelinating polyradiculoneuropathy (“CIDP”). Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition.

Respondent denies that the Tdap vaccine caused petitioner’s alleged CIDP, any other injury, or his current disabilities.

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 $340,000.00 in the form of a check payable to Paul Grabarek, petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. §300aa- 15(a); and

B. A lump sum of $27,632.00 in the form of a check payable jointly to petitioner and petitioner’s attorney, Edward Kraus, Law Offices, Chicago-Kent College of Law, 565 West Adams Street, Suite 600, Chicago, IL, 60661, for attorneys’ fees and costs available under 42 U.S.C. §300aa-15(e); and

C. A lump sum of $1,104.91 in the form of a check payable to petitioner for out-of-pocket expenses that were incurred by petitioner in proceeding on the petition, in accordance with General Order #9.

In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 13-817V according to this decision and the attached stipulation.2

Any questions may be directed to my law clerk, Christina Gervasi, at (202) 357-6521.

IT IS SO ORDERED. s/ Christian J. Moran Christian J. Moran Special Master