United States Court of Federal Claims, 2019

Gilbert v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided January 4, 2019 · Thomas L. Gowen

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS Filed: December 10, 2018

* * * * * * * * * * * * * TAMMY GILBERT, * UNPUBLISHED

* Petitioner, * No. 17-35V

* v. * Special Master Gowen

* SECRETARY OF HEALTH * Joint Stipulation; Tetanus-Diphtheria AND HUMAN SERVICES, * (TD); Shoulder Injury Related to

* Vaccine Administration (SIRVA). Respondent. *

* * * * * * * * * * * * * Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for petitioner.

Traci R. Patton, United States Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On January 9, 2017, Tammy Gilbert (“petitioner”) filed a petition for compensation in the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner received a tetanus-diphtheria (“TD”) vaccination on February 11, 2014. Id. at 1. Petitioner alleged that as a result of receiving the TD vaccination, she suffers from a shoulder injury related to vaccine administration (“SIRVA”) with residual injuries persisting for more than six months. Id.

On December 7, 2018, respondent filed a joint stipulation providing that a decision should be entered awarded compensation to petitioner. Joint Stipulation (ECF No. 45). Respondent denies that the TD vaccination caused petitioner to suffer a SIRVA or any other condition. Id. at ¶ 6. Maintaining their respective positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding compensation to petitioner according to the terms of the joint stipulation attached hereto as Appendix A.

The joint stipulation awards a lump sum of $67,500.00 in the form of a check payable to petitioner. This amount represents all damages that would be available under 42 U.S.C. § 300aa-15(a).

I find the stipulation reasonable and I adopt it as the decision of the Court in awarding damages, on the terms set forth therein. Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3

IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master

1 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. 2 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. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties jointly or separately filing notice renouncing their right to seek review.

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