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13, 2023 * * * * * * * * * * * * * * * HAMDI QASEM ALMUDHARI and * HUDA NASSER KASSEM, parents of * H.A., a minor, * UNPUBLISHED * Petitioners, * No. 22-1599V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; Human AND HUMAN SERVICES, * Papillomavirus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 Because this Decision contains a reasoned explanation for the action in this case, the undersigned is required to post it on the United States Court of Federal Claims’ website and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc in accordance with the E- Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the Internet. In accordance with Vaccine Rule 18(b), Petitioners have 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access.

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, U.S.C. §§ 300aa-10 to -34 (2018) (“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.

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 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 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

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

Special Master