Rublein v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-264V (Not to be published) ***************************** * STACIE RUBLEIN, * * Petitioner, * Filed: August 27, 2015 * v. * Decision by Stipulation; Damages; * Tetanus-diphtheria-acellular * pertussis (“Tdap”) vaccine; cubital SECRETARY OF HEALTH AND * tunnel syndrome; serum sickness HUMAN SERVICES, * * Respondent. * * ***************************** Gary Krochmal, Law Offices of Gary A. Krochmal, PLLC, Farmington Hills, MI, for Petitioner.

Althea Davis, U.S. Dep’t of Justice, Washington, DC, for Respondent DECISION AWARDING DAMAGES1 On April 7, 2014, Petitioner Stacie Rublein filed a petition seeking compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that she suffered finger stiffness, aching fingers, fatigue, itching, serum sickness, and cubital tunnel syndrome, and related complications as a result of receiving the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine.

Respondent denies that Petitioner’s medical problems were caused by the receipt of the Tdap vaccine. Nonetheless both parties, while maintaining their above-stated positions, agreed in

Because this decision contains a reasoned explanation for my action in this case, I will post this decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107- 347, § 205, 116 Stat. 2899, 2913 (Dec. 17, 2002) (current version at 44 U.S.C. § 3501 (2014)). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole decision will be available to the public. (Id.) The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended, 42 U.S.C.A. ' 300aa-10 to ' 300aa-34 (2012). a stipulation filed August 24, 2015, that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation.

I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein.

The stipulation awards: A lump sum of $20,000.00, 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).

Stipulation ¶ 8.

I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.3

IT IS SO ORDERED.

/s/ Brian H. Corcoran Brian H. Corcoran Special Master

Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review.

Case 1:14-vv-00264-UNJ Document 28 Filed 08/24/15 Page 1 of 5 Case 1:14-vv-00264-UNJ Document 28 Filed 08/24/15 Page 2 of 5 Case 1:14-vv-00264-UNJ Document 28 Filed 08/24/15 Page 3 of 5 Case 1:14-vv-00264-UNJ Document 28 Filed 08/24/15 Page 4 of 5 Case 1:14-vv-00264-UNJ Document 28 Filed 08/24/15 Page 5 of 5