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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: March 9, 2017

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

JAMES WOODWARD

, * UNPUBLISHED OPINION

*

Petitioner, * No. 15

- 1130V

*

v. * Special Master Gowen

*

SECRETARY OF HEALTH * Decision on J oint Stipulation ;

AND HUMAN SERVICES, * Tetanus

- Diphtheria

- Acellular

* Pertussis (TDaP) ;

Respondent. * Guillain

- Barr é Syndrome (GBS)

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

Amber Diane Wilson

, Maglio Christopher and Toale, PA, Washington, DC for petitioner.

Camille Michelle Collett

, U .S. Department of Justice, Washington, DC for respondent.

DECISION ON JOINT STIPULATION 1

On October 6, 2015, James Woodward (“petit ioner”) filed a petition for compensation

under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq 2 [the

“Vaccine Act” or “Program”]. Petitioner alleges that he developed Guillain

- Barr é Syndrome

( “ GBS ” ) as a result of a tetanus

- diphtheria

- acellular pertussis ( “ TDaP ” ) vaccine received on or

about February 23, 2015. Stipulation (ECF No. 46 ), ¶ ¶ 1, 2, 4

.

On M arch 8, 2017, the parties filed a stipulation recommending an award of

compensation to petitioner. Stipulation (ECF No. 460. Respondent denies that the TDaP

immunization is the cause of petitione r ’ s alleged GBS or any other injury or condition.

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I

intend to post this ruling on the United States Court of Federal Claims' website, in accordance with

the E

- Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and

Promotion of Electronic Government Services) . In accordance with Vaccine Rule 18(b), petitioner

has 14 days to identify and move to delete medical or other information, the disclosure of which

would constitute an unwarranted invasio n of privacy. If, upon review, I agree that the identified

material fits within this definition, I will delete such material from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755. Hereinafter,

for ease o f citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of

42 U.S.C. § 300aa (20 12 ).2

Nevertheless , the parties agree t o 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 petitioner shall receive the following compensation:

1) A lump sum of $ 3 45 ,000.00 , in the form of a check payable to petitioner, M r.

James Woodward.

Th is amount represents compensation for all damages that would be available under 42

U.S.C. § 300aa

- 15(a). Joint Stipulation at ¶ 8.

The undersigned approves the requested amount for petitioner’s compensation.

Accordingly, t he C lerk of the C ourt is directed to enter judgment in accordance with the

parties’ stipulation

. 3

IT IS SO ORDERED.

s/Thomas L. Gowen

Thomas L. Gowen

Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice

renouncing the right to seek review.