Truax III v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: July 27, 2017 * * * * * * * * * * * * * DALTON TRUAX, III, * * UNPUBLISHED Petitioner, * * Special Master Gowen v. * No. 15-1099V * SECRETARY OF HEALTH * Joint Stipulation; Tetanus-Diphtheria AND HUMAN SERVICES, * Vaccine; Guillain-Barré Syndrome * (GBS) Respondent. * * * * * * * * * * * * * * * Jessica Wittmer Hayes, Murray Law Firm, New Orleans, LA, for petitioner.

Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON STIPULATION1 On September 30, 2015, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”).

Petitioner alleges that he suffered Guillain-Barré Syndrome (GBS) after receiving a tetanus- diphtheria vaccine on or about September 16, 2012. Petition at 1; Stipulation, filed July 26, 2017, at ¶ 1. “Respondent denies that the tetanus-diphtheria vaccine is the cause of petitioner’s alleged GBS, and/or any other injury or his current condition. ” Stipulation at ¶ 6.

Nevertheless, on July 26, 2017, the parties filed the attached stipulation, stating that a decision should be entered awarding compensation. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation: Because this decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the website of the United States Court of Federal Claims, pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012). The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the decision is posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision will be posted on the court’s website. Id. National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).

A lump sum of $120,000.00, in the form of a check payable to petitioner. This amount represents compensation for all items of damages that would be available under 42 U.S.C. § 300aa-15(a).

The undersigned approves the requested amount for petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED.

s/Thomas L. Gowen Thomas L. Gowen Special Master

Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review.

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