ALMUDHARI v. SECRETARY OF HEALTH AND HUMAN SERVICES

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: December 13, 2023 * * * * * * * * * * * * * * * HAMDI QASEM ALMUDHARI and * HUDA NASSER KASSEM, parents of * H.A., a minor, * UNPUBLISHED

* Petitioners, * No. 22-1599V *

v. * Special Master Dorsey

*

SECRETARY OF HEALTH * Decision Based on Stipulation; Human AND HUMAN SERVICES, * Papillomavirus Vaccine (“HPV”);

* Meningococcal Vaccine (“MCV”); Tetanus * Diphtheria, and Acellular Pertussis (“Tdap”)

Respondent. * Vaccine; Guillain-Barré Syndrome (“GBS”).

* * * * * * * * * * * * * * * Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioners. Ryan Pohlman Miller, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION BASED ON STIPULATION1

On October 26, 2022, Hamdi Qasem Almudhari and Huda Nasser Kassem (“Petitioners”), as parents of H.A., a minor, filed a petition in the National Vaccine Injury Program2 alleging that as a result of H.A. receiving the human papillomavirus (“HPV”), meningococcal (“MCV”), and tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccines on March 15, 2021, H.A. suffered Guillain-Barré syndrome (“GBS”). Petition at Preamble (ECF No. 1).

On December 14, 2023, the parties filed a stipulation recommending an award of compensation to Petitioners. Stipulation (ECF No. 34). Respondent denies that the HPV, Tdap, and MCV vaccines caused H.A.’s GBS or any other injury, or his current condition. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

The parties stipulate that Petitioners shall receive the following compensation: a. A lump sum of $20,000.00, representing reimbursement of a lien for services rendered on behalf of H.A., in the form of a check payable jointly to Petitioners and the State of Connecticut Department of Administrative Services, and mailed to

Connecticut Department of Administrative Services

Collection Services 450 Columbus Boulevard, Suite 1001

Hartford, CT 06103 Case Number: 3266155

Petitioners agree to endorse this check to the State of Connecticut Department of Administrative Services.

b. An amount sufficient to purchase the annuity contract described in paragraph

10 of the stipulation, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”).

Stipulation at ¶ 8. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

The undersigned approves the requested amount for Petitioners’ compensation. Accordingly, an award should be made consistent with the stipulation.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3

IT IS SO ORDERED. s/Nora B. Dorsey Nora B. Dorsey

Special Master