Anderson v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS ************************* WAYNE PHILLIP ANDERSON, * No. 20-214V * * Petitioner, * Special Master Christian J. Moran * v. * * Filed: July 18, 2025 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * ************************* Emily Beth Ashe, Anapol Weiss, Philadelphia, PA, for Petitioner; Meghan Murphy, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION 1 On July 16, 2025, the parties filed a joint stipulation concerning the petition for compensation filed by Wayne Phillip Anderson on February 26, 2020.

Petitioner alleged that the tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccine he received on March 25, 2018, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused Mr. Anderson to suffer from Guillain-Barré syndrome (“GBS”). Petitioner represents that there has been no prior award or settlement of a civil action for damages on Mr. Anderson’s behalf as a result of Mr. Anderson’s condition.

Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted 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), the parties have 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. Any changes will appear in the document posted on the website.

Respondent denies that Mr. Anderson’s Tdap vaccination caused Mr. Anderson’s GBS, or any other injury, and denies that Mr. Anderson’s current condition is a sequela of a vaccine-related 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 lump sum of $100,000.00 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner.

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

Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge.

IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) WAYNE PHILLIP ANDERSON, ) ) Petitioner, ) ) No. 20-214V V. ) Special Master Moran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. )

STIPULATION The parties hereby stipulate to the following matters: I. Wayne Phillip Anderson ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U .S.C. § 300aa-10 to 34 (the "Vaccine Program") . The petition seeks compensation for injuries allegedly related to petitioner's receipt of a tetanus, diphtheria, and acellular pertussis ("Tdap") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table''), 42 C.F.R. § I00.3(a).

2. Petitioner received a Tdap vaccine on March 25, 2018.

3. The vaccine was administered within the United States.

4. Petitioner alleges that he developed Gui I lain-Barre Syndrome ("GBS") that was caused by the Tdap vaccine. He further alleges that he experienced the residual effects of this condition for more than six months.

5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his alleged injury.