1 

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* * * * * * * * * * * * * * * * UNPUBLISHED 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, Christopher & Toale, PA, Washington, DC, petitioner.

Gordon Elliot Shemin, United States Department of Justice, Washington, DC, for respondent. 

DECISION1

 On September 27, 2013, Kimberly Wides (“petitioner”) filed a petition pursuant to the 

National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). 

Petitioner alleged that on September 10, 2012, she was administered the Adacel (Tetanus, 

Diphtheria and Acellular Pertussis (TDaP)) vaccination in her left deltoid, and the first (of two), 

Measles, Mumps, and Rubella (MMR) vaccinations 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 explanation for the undersigned’s action in this case, 

the undersigned intends to post this 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 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). 

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 (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 Falls (Flathead County), Montana. Petitioner 

alleges that as a result of these vaccines, she suffers from vaccine-related demyelinating 

polyneuropathy and its sequelae. Petitioner further alleged that she experienced the residual 

effects of these injuries for more than six months. 

 On October 2, 2014, the parties filed a stipulation, stating that a decision should be 

entered awarding compensation. 

 Respondent denies that the vaccines are the cause of petitioner's alleged demyelinating 

polyneuropathy, or any other injury. Nevertheless, the parties agree to the joint stipulation, 

attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as 

the decision of the Court in awarding damages, 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 the stipulation. 

 In the absence of a motion for review filed 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 expedited by the parties’ joint filing of 

notice renouncing the right to seek review.