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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13

- 337 V

Filed: June 17

, 201 6

* * * * * * * * * * * * * UNPUBLISHED

BRIAN RANDALL

, *

*

Petitioner

, * Special Master Gowen

*

v. * Joint Stipulation on Damages;

* Tetanus, Diphtheria and Pertussis

SECRETARY OF HEALTH * (“Tdap”) Vaccine; Guillain

- Barré

AND HUMAN SERVICES, * Syndrome (“GBS”); Chronic

* Inflammatory Demyelinating

Respondent. * Polyneuropathy (“CIDP”)

*

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

Franklin J. Caldwell, Jr. , Maglio, Christopher & Toale, Sarasota, FL , for petitioner.

Gordon E. Shemin , U.S. Depar tment of Justice, Washington, DC , for respondent.

DECISION ON JOINT STIPULA T ION 1

On May 17, 2013, Brian Randall (“petitioner”) filed a petition pursuant to the National

Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa

- 1 to 34 (2012). Petitioner alleged

that, as a result of receiving a tetanus, diphtheria and pertussis (“Tdap ”) vaccination on

September 6 , 201 1 , he developed a number of injuries, including Guillain

- Barré Syndrome and

chronic inflammatory demyelinating polyneuropathy (“CIDP”)

. Stipulation at ¶¶ 1, 2 , 4.

Further, petitioner alleged that he experienced residual effects of the injury for more than six

months. Id. at ¶ 4

.

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 w ebsite of the United States Court of Federal Claims, in

accordance with the E

- Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and

Promotion of Electronic Government Services). 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 o f 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, co dified as amended, 42 U.S.C. §§

300aa

- 1 to

- 34 (2012) (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.

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On June 16, 2016 , the parties filed a stipulation in which they state that a decision should

be entered awarding compensation. Respond ent denies that the Tdap vaccine caused any injury

to petitioner. Stipulation at ¶ 6. 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 stipulate that petitioner shall receive the following in compensation:

(1) A lump sum of $400,0 00 .00 in the form of a check payable to petitioner. This

amount represents compens ation for all damages that would be available under 42

U.S.C. § 300aa

- 15(a).

Id. at ¶ 8.

The undersigned approves the requested amount for petitioner’s compensation.

Accordingly, 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 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice

renouncing the right to seek review.