Hendricks v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS Filed: April 24, 2025

************************* JOHN HENDRICKS, * No. 19-72V

* Petitioner, * Special Master Young

v. *

*

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

*

Respondent. *

************************* Danielle Anne Strait, Mctlaw, Seattle, WA, for Petitioner.

Colleen Clemons Hartley, United States Department of Justice, Washington, DC, for Respondent.

DECISION 1

On January 15, 2019, John Hendricks (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa-10 to -34 (2012). Petitioner alleged that the tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine he received on August 19, 2016, caused him to suffer from acute demyelinating encephalomyelitis (“ADEM”). Pet. at ¶ 1, ¶ 11, ECF No. 1.

On April 21, 2025, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Stipulation ¶ 7, ECF No. 100. Respondent “denies that the Tdap vaccine caused [P]etitioner to suffer from ADEM or any other injury or his current condition.” Id. ¶ 6. Nevertheless, the parties agree to the joint stipulation. See id. ¶ 7. I find the stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein.

The parties stipulate that Petitioner shall receive the following compensation:

(a) A lump sum of $536,207.70, which amount represents compensation for first year life care expenses ($33,059.54) and combined lost earnings, pain and suffering, and past unreimbursable expenses ($503,148.16), to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner;

(b) An amount sufficient to purchase the annuity contract described in paragraph 10 below, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”).

Id. ¶ 8. These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

I approve the requested amount for Petitioner’s 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/Herbrina D.S. Young Herbrina D.S. Young Special Master