# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: February 18, 2022

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

ANDREA MILLER

, * No. 1 9

- 128 V

*

Petitioner, * Special Master Sanders

v. *

* Stipulation for Award; Tetanus

SECRETARY OF HEALTH * Diphtheria

- Acellular

- Pertussis (“Tdap”)

AND HUMAN SERVICES, * Vaccine; Guillain

- Barré Syndrome

* (“GBS”)

Respondent. *

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

John R. Howie, Jr.

, Howie Law

, PC

, Dallas

, T X

, for Petitioner.

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

DECISION 1

On January 24 , 201 9

, A ndrea 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 T etanus

- diphtheria

- acellular

- pertussis

(“Tdap”) vaccine s he received on J anuary 24, 2016

, caused h er to suffer from Guillain

- Barré

syndrome (“GBS”)

. I d. ; see also Stip. at 1, ECF No. 4 0 . Peti tioner further alleged that s he

experienced the residual effects of h er 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 D ecision 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 Dec ision 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 i n 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, Pu b 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 t o [P]eti tioner and

Equian

P.O. Box 182643

Columbus, OH 43218.

Petition er agrees to endorse this payment to Equian; and

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

[P]etitioner

. T his amount represents all remaining compensation

for all damages tha t would be available under 42 U.S.C. § 300aa

15(a) for inju ries allegedly rela ted 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 C lerk of

C ourt 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 r epresents full satisf action of any righ t of subrogation, as s ignment, claim, lien, or cause o f

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

or on behalf of, the State of Florida to, or on behalf of, Andrea Miller as a result of her alleged vaccine

related 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.