# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: October 5, 2021

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

THELMA ANDRAS , * UNPUBLISHED

*

Petitioner, * No. 20-1036V

*

v. * Special Master Gowen

*

SECRETARY OF HEALTH * Stipulation for Award;

AND HUMAN SERVICES, * Tdap vaccine ; GBS.

*

*

Respondent. *

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

John Robert Howie, Jr., Howie Law, PC, for petitioner.

Alexa Roggenkamp, U.S. Department of Justice, Washington, D.C., for respondent.

DECISION FOR STIPULATION 1



### On August 18, 2020, Thelma Andras (“petitioner”), filed a petition for compensation

under the National Vaccine Injury Program. 2 

### Petition at Preamble (ECF No. 1). Petitioner

received a Tdap vaccine on August 10, 2017. Id. at Preamble; Stipulation for Award (ECF No.

33 ). Petitioner alleges that as a result of receiving the Tdap vaccine, she suffered Guillain

- Barre

Syndrome (“GBS”). Stipulation at ¶ 4.

On October 5 , 2021, respondent filed a stipulation providing that a decision should be

entered awarding compensation to petitioner. Respondent denies that the flu vaccin e is the cause

of petitioner’s alleged injuries, or any other injury or h er 

### current condition. Id. at ¶ 6.

Nevertheless, maintaining their respective positions, the parties now agree that the issues

1 P ursuant to the E

- Government Act of 2002, see 44 U.S.C. § 3501 note (2012), b ecause this opinion contains a

reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of

Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7

. This means the

opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s

website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the

decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the

court’s website without any changes. Id.

2 The Nat ional Vaccine Injury 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). All citations in th is decision to individual sections of the Vaccine Act are to 42 U.S.C.A. §

300aa.2 

### between them shall be settled and that a decision shoul d be entered awarding the compensation

to the petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶

7.

The stipulation provides:

1) A lump sum of $ 47,500.00 in the form of a check payable to petitioner ; and

2) A lump sum of $10,000.00

, representing reimbursement of a Medicaid lien for

services rendered to petitioner by the State of Louisiana, the form of a check

payable jointly to petitioner and the Louisiana D epartment of health, and mailed

to:

Louisiana Department of Health

c/o Ryan Hart/BIN #20

Bienville Building

628 North 4 th 

### Street

P.O. Box 3836

Baton Rouge, Louisiana 70821

- 3836

Petitioner agrees to endorse this check to the Louisiana Department of Heal th.

These amounts represent compensation for all damages that would be available under 42

U.S.C. § 300aa

- 15(a).

I adopt the parties’ stipulation attached hereto, and award compensation in the amount

and on the terms set forth therein. The Clerk of th e Court SHALL ENTER JUDGMENT in

accordance with the terms of the parties’ stipulation. 3



### IT IS SO ORDERED.

s/Thomas L. Gowen

Thomas L. Gowen

Special Master

3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule

11(a).