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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13-756V Filed: October 3, 2014

* * * * * * * * * * * * * * * * UNPUBLISHED KIM M. WIDES, *

* * Special Master Dorsey Petitioner, *

* v. * Joint Stipulation on Damages; * Tetanus, Diphtheria and Acellular

SECRETARY OF HEALTH * Pertussis (Tdap) vaccine; Measles, AND HUMAN SERVICES, * Mumps, and Rubella ("MMR") * vaccine; demyelinating Respondent. * polyneuropathy

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

Isaiah Richard Kalinowski, Maglio, Christ opher & Toale, PA, Washington, DC, petitioner. Gordon Elliot Shemin, United States Department of Justice, Washington, DC, for respondent.

DECISION 1

On September 27, 2013, Kimberly Wides (“pet itioner”) filed a petiti on pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that on Septembe r 10, 2012, she was administered the Adacel ( Tetanus, Diphtheria and Acellular Pertussis (TDaP)) vaccina tion in her left deltoid, and the first (of two), Measles, Mumps, and Rubella (MMR) vaccinati ons in her right deltoid. On October 10, 2012, petitioner was administered the second MMR vaccination in her left deltoid. All three

1 Because this decision contains a reasoned explan ation for the undersigned’s action in this case, the undersigned intends to post th is ruling on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is priv ileged or confidential; or (2) that includes medical files or similar files, the

disclosure of which would const itute a clearly unwarra nted invasion of privacy.” Vaccine Rule 18(b).

2 The National Vaccine Injury Compensation Prog ram is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. N o. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.2 vaccinations were administered in Columbia Fa lls (Flathead County), Montana. Petitioner alleges that as a result of these vaccines, sh e suffers from vaccine-related demyelinating polyneuropathy and its sequelae. Petitioner furt her alleged that she experienced the residual effects of these injuries for more than six months.

On October 2, 2014, the parties filed a stipul ation, stating that a decision should be entered awarding compensation.

Respondent denies that the vaccines are the cau se of petitioner's alleged demyelinating polyneuropathy, or any other injur y. Nevertheless, the parties ag ree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reas onable and adopts it as the decision of the Court in awarding da mages, on the terms set forth therein.

The parties stipulated that petitioner shall receive the following compensation:

A lump sum of $225,000.00, 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).

Stipulation ¶ 8.

The undersigned approves the requested amount for petitioner’s compensation. Accordingly, an award should be made consistent with th e stipulation.

In the absence of a motion for review file d pursuant to RCFC Appendix B, the clerk of

the 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 expedite d by the parties’ joint filing of notice renouncing the ri ght to seek review.