Wentland v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

******************** * REBECCA WENTLAND, *

* No. 18-1308V Petitioner, * Special Master Christian J. Moran

* v. * Filed: July 27, 2021

* SECRETARY OF HEALTH * Stipulation; tetanus, diphtheria, and AND HUMAN SERVICES, * and acellular pertussis (“Tdap”)

* vaccine; transverse myelitis (“TM”). Respondent. *

******************** * Ronald C. Homer, Conway Homer, P.C., Boston, MA, for Petitioner; Sarah C. Duncan, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1

On July 27, 2021, the parties filed a joint stipulation concerning the petition for compensation filed by Rebecca Wentland on August 28, 2018. Petitioner alleged that the tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccine she received on April 8, 2016, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused her to suffer from transverse myelitis (“TM”). Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition.

Respondent denies that the Tdap vaccine caused petitioner to suffer from TM or any other injury.

Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

Damages awarded in that stipulation include: a. A lump sum payment of $25,000.00 in the form of a check payable to petitioner; b. A lump sum of $1,308.89, which amount represents reimbursement of a Medicaid lien, in the form of a check payable to:

Department of Health Care Services

Recovery Branch – MS 4720

P.O. Box 997421

Sacramento, CA 95899-7421

DHCS Account #: C96647891A-VAC03

Petitioner agrees to endorse this check to the Department of Health Care Services.

This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation.2

IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master