United States Court of Federal Claims, 2017

Forziati v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided June 26, 2017 · Laura D Millman

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15-96V

Filed: June 1, 2017

Not for Publication *************************************

ANTHONY FORZIATI, * *

Petitioner, * Damages decision based on * stipulation; chronic relapsing v. * Guillain-Barré Syndrome (“GBS”); * chronic inflammatory demyelinating SECRETARY OF HEALTH * polyneuropathy (“CIDP”); Tetanus- AND HUMAN SERVICES, * Diphtheria-acellular Pertussis * (“Tdap”) vaccine Respondent. * * *************************************

Diana L. Stadelnikas, Sarasota, FL, for petitioner.

Claudia B. Gangi, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES 1

On June 1, 2017, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that he suffered from chronic relapsing Guillain-Barré Syndrome (“GBS”) and/or chronic inflammatory demyelinating polyneuropathy (“CIDP”) caused by his receipt of Tetanus-Diphtheria-acellular Pertussis (“Tdap”) vaccine on April 30, 2013. Respondent denies that the Tdap vaccine caused petitioner to suffer chronic relapsing GBS, CIDP, or any other injury and further denies that the flu vaccine caused petitioner’s current disabilities. Nonetheless, the parties agreed to resolve this matter informally.

The undersigned finds the terms of the stipulation to be reasonable. The court adopts the parties’ stipulation, attached, and awards compensation in the amount and on the terms set forth in the stipulation. Pursuant to the stipulation, the court awards a lump sum of $287,500.00, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2012). The award shall be in the form of a check for $287,500.00 made payable 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. 2

IT IS SO ORDERED.

Dated: June 1, 2017 s/ Laura D. Millman Laura D. Millman Special Master

1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). Vaccine Rule 18(b) states that 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 constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact such information prior to the document’s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall redact such material from public access. 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review.

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