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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: June 15 , 2021

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

DONNA KASTL

, * UNPUBLISHED

*

Petitioner, * No. 1 7

- 43 v

*

v

. * Special Master Dorsey

*

SECRETARY OF HEALTH * Decision Based on Stipulation; Tetanus

AND HUMAN SERVICES, * D iphtheria

- A cellular Pertussis ( “ Tdap ” ) ;

* Transverse Myelitis ( “ TM ” ).

Respondent. *

*

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

Jason P

. Osteen

, Dempsey & Kingsland, P.C.

, Kansas City, MO , for petitioner.

Adriana R

. Teitel , U

. S

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

DECISION BASED ON STIPULATIO N 1

On January 11 , 201 7

, Donna Kastl (“petitioner”) filed a petition in the National Vaccine

Injury Compensation Program. 2 Petitioner alleged that as a result of tetanus

- diphtheria

- acellular

pertussis ( “ Tdap ” ) vaccination on August 31, 2015

, s he developed transverse myelitis ( “ TM ” )

. Petition at 1 (ECF No. 1) ; Stipulation at ¶ 1

.

On June 15 , 2021, the parties filed a stipulation recommending an award of compensation

to petitioner. Stipulation . Respondent denies that petitioner suffered from TM or any other

injury caused by her vaccine

. Id. at ¶ 6

. Nevertheless, the pa rties agree to the joint stipulation,

1 Because this Decision contai ns a r easoned explanation for the action in this case, the

undersigned is required to post it 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 Promo tion o f Electronic Government Services). This means the Decision will

be available to anyone with access to the Internet. In accordance with Vaccine Rule 18(b),

petitioner has 14 days to identify and move to redact medical or other information, the discl osure

of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned

agrees that the identified material fits within this definition, the undersigned will redact such

material from public access.

2 The National Vaccine I njury Compensation Program is set forth in Part 2 of the National

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

- 660, 100 Stat. 3755, codified as amended,

42 U.S.C. §§ 300aa

- 1 to

- 34 (2012) (“Vaccine Act” or “the Act”). A ll citations in this Decisio n

to individual sections of the Vaccine Act are to 42 U.S.C. § 300aa.2

attached he reto as Appendix A. The undersigned finds t he 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 s hall receive the following compensation:

(1) A lump sum of $265,766.80, which amount represents compensation for first

year life care expenses ($65,766.80), and combined pain and suffering and past

unreimbursable expenses ($200,000.00) in the form of a check payable to

petitioner

.

(2) An amount sufficient to purchase the annuity contract described below, paid to

the life insurance company from which the annuity will be purchased (the “ Life

Insurance Company ” ).

This amount represents compensation for all damages that would be a vailable under 15(a).

Stipulation at ¶ 8.

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

Accordingly, an award should be made c onsistent 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/Nora Beth Dorsey

Nora Beth Dorsey

Special Master

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

notice renouncing the right to seek review.