In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: February 18, 2022

* * * * * * * * * * * * * * * * * * * * * * * * *

ANDREA MILLER, * No. 19-128V

*

Petitioner, * Special Master Sanders

v. *

* Stipulation for Award; TetanusSECRETARY OF HEALTH * Diphtheria-Acellular-Pertussis (“Tdap”)

AND HUMAN SERVICES, * Vaccine; Guillain-Barré Syndrome 

* (“GBS”)

Respondent. *

* * * * * * * * * * * * * * * * * * * * * * * * *

John R. Howie, Jr., Howie Law, PC, Dallas, TX, for Petitioner.

Ryan D. Pyles, United States Department of Justice, Washington, DC, for Respondent.

DECISION1

On January 24, 2019, Andrea Miller (“Petitioner”) filed a petition for compensation 

pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 

(2012); Pet. at 1, ECF No. 1. Petitioner alleged that the Tetanus-diphtheria-acellular-pertussis 

(“Tdap”) vaccine she received on January 24, 2016, caused her to suffer from Guillain-Barré 

syndrome (“GBS”). Id.; see also Stip. at 1, ECF No. 40. Petitioner further alleged that she 

experienced the residual effects of her injury for more than six months. Pet. at 2.

On February 15, 2022, the parties filed a stipulation in which they state that a decision 

should be entered awarding compensation to Petitioner. Stip. at 2. Respondent “denies that the 

Tdap immunization is the cause of [P]etitioner’s alleged GBS and/or any other injury.” Id. at 1. 

Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. 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:

1 This Decision shall be posted on the website of the United States Court of Federal Claims, in accordance 

with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended 

at 44 U.S.C. § 3501 note (2012)). This means the Decision will be available to anyone with access to 

the Internet. As provided by Vaccine Rule 18(b), each party has 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).

2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.
2

a. A lump sum payment of $6,972.03,3 representing compensation for

satisfaction of a State of Florida Medicaid lien, in the form of a 

check payable jointly to [P]etitioner and 

Equian

 P.O. Box 182643

Columbus, OH 43218.

 Petitioner agrees to endorse this payment to Equian; and 

b. A lump sum of $50,000.00 in the form of a check payable to 

[P]etitioner. This amount represents all remaining compensation 

for all damages that would be available under 42 U.S.C. § 300aa15(a) for injuries allegedly related to [P]etitioner’s receipt of the 

Tdap vaccine.

Id. at 2. 

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.4

IT IS SO ORDERED.

s/Herbrina D. Sanders

Herbrina D. Sanders

Special Master

3 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of 

action the State of Florida may have against any individual as a result of any Medicaid payments made by, 

or on behalf of, the State of Florida to, or on behalf of, Andrea Miller as a result of her alleged vaccinerelated injury suffered as a result of her January 24, 2016 Tdap vaccination, under Title XIX of the Social 

Security Act, see 42 U.S.C. §§ 300aa-15(g), (h). 

4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice 

renouncing the right to seek review.