Prideaux v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: December 14, 2018 Refiled in Redacted Form: March 7, 2019 ************************* Q.P., * UNPUBLISHED * * No. 15-449V Petitioner, * v. * Special Master Gowen * SECRETARY OF HEALTH * Joint Stipulation; TDaP; MMR; AND HUMAN SERVICES, * Chronic Inflammatory * Demyelinating Polyneuropathy * (CIDP).

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

Jennifer Leigh Reynaud, United States Department of Justice, Washington, DC, for respondent.

DECISION ON STIPULATION1 On May 4, 2015, Q.P., (“petitioner”) filed a petition in the National Vaccine Injury Compensation Program (“Program”).2 Petition (ECF No. 1). Petitioner alleged that he suffered from chronic inflammatory demyelinating polyneuropathy (“CIDP”) as a result of receiving a TDaP vaccination on August 9, 2012 and an MMR vaccination on August 27, 2012. Id. at Preamble.

On December 14, 2018, the parties filed a joint stipulation in which they stated that a decision should be entered awarding compensation to petitioner. Stipulation (ECF No. 84).

Respondent denied that petitioner’s alleged CIDP and residual effects were caused-in-fact by Tdap vaccine and/or MMR vaccine, and denied that Tdap vaccine and/or MMR vaccine caused petitioner any other injury or his current condition. Id. at ¶ 6.

When this decision was originally filed, the undersigned advised the parties of his intent to post it 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). In accordance with Vaccine Rule 18(b), petitioners filed a motion to redact certain information. This decision is being reissued with minimal changes, including redaction of the petitioner’s name in the case caption to initials. Except for those changes and this footnote, no other substantive changes have been made. This decision will be posted to the Court’s website with no further opportunity to move for redaction.

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”).

Maintaining their above-stated 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 $960,000.00 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).

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

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