Baker v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS (Filed: January 16, 2018) No. 16-375V * * * * * * * * * * * * * DEBRA BAKER, * UNPUBLISHED * Petitioner, * Decision on Joint Stipulation; * Guillain-Barre Syndrome v. * (“GBS”); Bell’s Palsy; * Tetanus-diphtheria-acellular SECRETARY OF HEALTH * Pertussis (“Tdap”) Vaccine AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * Andrew Krueger, Esq., Krueger & Hernandez S.C., Middleton, WI, for petitioner.

Robert Coleman III, Esq., US Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1 Roth, Special Master: On March 24, 2016, Debra Bajer [“Ms. Baker” or “petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that she developed Bell’s palsy and Guillain-Barre Syndrome after receiving a tetanus-diptheria- acellular pertussis (“Tdap”) vaccination on or about July 14, 2015. See Stipulation, filed January

Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in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 (codified as amended at 44 U.S.C. § 3501 note (2012)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access.

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).

12, 2018, at ¶¶ 1-4. Respondent denies that the Tdap vaccine caused petitioner’s alleged Bell’s palsy, GBS, and/or any other injury or her current condition. Stipulation at ¶ 6.

Nevertheless, the parties have agreed to settle the case. On January 12, 2018, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms.

Respondent agrees to issue the following payments: a. A lump sum of $9.14, which amount represents reimbursement of a State of Wisconsin lien, in the form of a check payable jointly to petitioner and State of Wisconsin Department of Health Services W. Wilson St. Madison, WI 53703 Case Number: 227697 b. A lump sum of $2,800.04, which amount represents reimbursement of a State of Wisconsin lien, the form of a check payable joint to petitioner and Dean Health Plan 1277 Deming Way Madison, WI 53717 Subscriber No. 0433178205 Dean File ID: 42453 Attn: Julie O’Connell c. A lump sum of $440,000.00 in the form of a check payable to petitioner, Debra Baker. This amount represents compensation for all damages that would be available under § 300aa-15(a).

I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED.

s/ Mindy Michaels Roth Mindy Michaels Roth Special Master

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