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In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 12-264V

(E-Filed: April 18, 2013)

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

SHIRLEY TAPIA, on behalf of her minor * UNPUBLISHED

child, ETHAN TAPIA, *

* 

 Petitioner, * Special Master

* Hamilton-Fieldman

v. * 

* Influenza Vaccines; Tourette syndrome;

SECRETARY OF HEALTH AND * Obsessive-Compulsive Disorder; 

HUMAN SERVICES, * Attention Deficit Disorder; Decision;

* Stipulation. 

Respondent. *

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

Andrew D. Downing, Tulsa, OK, for Petitioner

Heather L. Pearlman, Washington, DC, for Respondent

DECISION AWARDING DAMAGES1

On April 24, 2012, Petitioner, Shirley Tapia, filed a petition seeking compensation 

under the National Vaccine Injury Compensation Program (Athe Vaccine Program@), on 

behalf of her minor child Ethan Tapia (“Ethan”). Petitioner alleged that Ethan suffered 

Tourette syndrome, obsessive-compulsive disorder (“OCD”), and attention deficit 

 

1

 Because this decision contains a reasoned explanation for the undersigned’s action in 

this case, the undersigned intends to post this decision on the United States Court of 

Federal Claims’ website, 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). Otherwise, “the entire” decision 

will be available to the public. Id.
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disorder (“ADD”), as a result of receiving influenza vaccinations.

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Respondent denies that Ethan’s influenza vaccinations caused his Tourette 

syndrome, OCD, ADD, and/or any other injury. Nonetheless, both parties, while 

maintaining their above stated positions, agreed in a Stipulation, filed April 15, 2013, 

(“Stipulation”) that the issues before them can be settled and that a decision should be 

entered awarding compensation.

The undersigned finds said stipulation reasonable and adopts it as the decision of 

the Court in awarding damages, on the terms set forth therein.

The stipulation awards:

A lump sum of $20,000.00, which amount shall be 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) to which Petitioner would be entitled.

Stipulation ¶ 8(a).

An amount sufficient to purchase an annuity contract(s), subject to the conditions 

described in paragraphs 9 and 10 of the attached Stipulation, paid to the life 

insurance company(ies) from which the annuity(ies) will be purchased.

Stipulation ¶ 8(b).

The parties further stipulated that they had reached the following agreement with 

respect to attorneys’ fees:

A lump sum of $44,302.62, in the form of a check payable jointly to Petitioner and 

Petitioner’s law firm, Rhodes, Hieronymus Jones Tucker & Gable, P.L.L.C., for 

attorneys’ fees and costs. In accordance with General Order No. 9, Petitioner 

represents that she incurred no out-of-pocket expenses in proceeding on the 

petition.

Stipulation ¶8(c).

 

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 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.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002) 

(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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The above amounts represent compensation for all damages that would be 

available under 42 U.S.C. ' 300aa-15(a). Stipulation ¶ 8.

The undersigned approves the requested amounts for compensation. In the 

absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court 

is directed to enter judgment herewith.3

IT IS SO ORDERED.

s/Lisa Hamilton-Fieldman

Lisa Hamilton-Fieldman

Special Master

 

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 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties=

joint filing of notice renouncing the right to seek review.