IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF THE SPECIAL MASTERS 

No. 13-299V 

Filed: September 10, 2014 

(Not to be published) 

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

JANET DEYEAR, *

 * Stipulation; Hepatitis B; 

 Petitioner, * Asthma; Chronic Sinus Disease 

 v. * 

 * 

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

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

Margaret M. Guerra, Esq., Margaret M. Guerra, Attorney at Law, Fort Worth, TX for 

petitioner. 

Ann D. Martin, Esq., U.S. Dept. of Justice, Washington, DC for respondent. 

DECISION ON JOINT STIPULATION1

Gowen, Special Master: 

 Janet Deyear [petitioner] filed a petition for compensation under the National 

Vaccine Injury Compensation Program2 on April 29, 2013. Petitioner alleges that the 

Hepatitis B vaccinations she received on April 27, May 25, and October 12, 2010, 

caused her severe asthma and chronic sinus disease. See Stipulation, filed September 

9, 2014, at ¶¶ 2, 4. Further, petitioner alleges that she experienced residual effects of 

her injury for more than six months. Id. at ¶ 4. Respondent denies that petitioner’s 

Hepatitis B vaccinations caused severe asthma, chronic sinus disease, or any other 

injury. Id. at ¶ 6. 

 

1

 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend 

to post this decision on the United States Court of Federal Claims' website, in accordance with the EGovernment Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 

U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and 

move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). 

Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted 

decision. If, upon review, I agree that the identified material fits within the requirements of that provision, 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 of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2006). 
 Nevertheless, the parties have agreed to settle the case. On September 9, 2014, 

the parties filed a joint stipulation agreeing to settle this case and describing the 

settlement terms. 

 

 Respondent agrees to pay petitioner: 

(a) A lump sum of $35,000.00 in the form of a check payable to 

petitioner, Janet Deyear. This amount represents compensation for 

all damages that would be available under § 300aa-15(a).

 The special master adopts the parties’ stipulation attached hereto, and awards 

compensation in the amount and on the terms set forth therein. The clerk of the court is 

directed to enter judgment in accordance with this decision.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.