Gregg v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-62V ************************* * ROGER GREGG, * Chief Special Master Corcoran * Petitioner, * Filed: September 12, 2024 * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************* Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Benjamin P. Warder, U.S. Dep’t of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1 On January 18, 2023, Roger Gregg filed a petition seeking compensation under the National Vaccine Injury Compensation Program (the “Vaccine Program”).2 Petitioner alleges that he suffered right-sided radial sensory neuropathy that was caused-in-fact by his receipt of the tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccine on March 20, 2020. Moreover, Petitioner alleges that he experienced the residual effects of his injury for more than six months.

Respondent denies that Petitioner’s alleged injury or its residual effects were caused-in- fact by his receipt of the Tdap vaccine, and denies that the Tdap vaccine caused Petitioner any other injury of his current condition. Nonetheless both parties, while maintaining their above-

Under Vaccine Rule 18(b), each party has fourteen (14) days within which to request 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). Otherwise, the whole Decision will be available to the public in its present form. Id. The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”).

Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix). stated positions, agreed in a stipulation3 (filed on September 12, 2024) that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation.

I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein.

The stipulation awards: • A lump sum of $30,000.00 in the form of a check payable to Petitioner.

Stipulation ¶ 8. This amount represents compensation for all damages that would be available under Section 15(a) of the Act.

I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court is directed to enter judgment herewith. 4

IT IS SO ORDERED.

/s/ Brian H. Corcoran Brian H. Corcoran Chief Special Master

To avoid the unnecessary disclosure of Petitioner’s personal information, the Vinesign form included in the originally filed Stipulation has been removed from the copy of the Stipulation attached to this Decision.

Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review.