# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

File d: November 24, 2021

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

M. M., * UNPUBLISHED

*

Petitioner, * No. 17-68V

*

v. * Special Master Gowen

*

SECRETARY OF HEALTH * Stipulation for Award;

AND HUMAN SERVICES, * Tetanus -Diphtheria- acellular

* pertussis (Tdap); Guillain

- Barre

* Syndrome (GBS); Chronic

Respondent. * Inflammatory Demyelinated

* Polyneuropathy (CIDP).

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

Amber D. Wilson, Wilson Science Law, Washington, D.C., for petitioner.

Wei K. Tai, U.S. Department of Justice, Washington, D.C., for respondent.

DECISION FOR STIPULAT ION 1



### On January 17, 2017, Mary Mallory (“petitioner”) filed a petition for compensation under

the National Vaccine Injury Program. 2 

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

as a result of receiving the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine on August 5,

2015, she developed Guillain-Barre syndrome (“GBS”) and/or chronic inflammatory

demyelinated polyneuropathy (“CIDP”). Id.

On November 23, 2021, respondent filed a stipulation providing that a decision should be

entered awarding compensation to petitioner. Stipulation (“Stip.”) (ECF No. 87). Respondent

denies that the Tdap vaccine is the cause of petitioner’s alleged injuries, or any other injury or

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

cour t’s website without any changes. Id.

2 The National 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 citatio ns in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. §

300aa.2 

### h er current conditio n. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties

now agree that the issues between them shall be settled and that a decision should be entered

awarding the compensation to the petitioner according to the terms of the stipu lation attached

hereto as Appendix A. Id. at ¶ 7.

The stipulation provides:

1) A lump sum of $ 110,000.00 in the form of a check payable to petitioner. This

amount represents compensation for all damages that would be available under

42 U.S.C. § 300aa

- 15(a) for injuries allegedly related to petitioner’s receipt of the

Tdap vaccine.

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

and on the terms set forth therein. The Clerk of the 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).