# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-0691V Filed: June 26, 2017 UNPUBLISHED ALBERT WILSON, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Special Processing Unit (SPU); Joint Stipulation on Damages; Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Brachial Neuritis; Parsonage Turner Syndrome.

Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner. Althea Walker Davis, U.S. Department of Justice, Washingt on, DC, for respondent. DECISION ON J OINT STIPULATION 1 

### Dorsey, Chief Special Master: On June 13, 2016, Albert Wilson (“petitioner”) filed a petition for compensation under the National Vaccine Injury Com pensation Program, 42 U.S.C. §300aa-10, et seq. , 2

### (the “Vaccine Act”). Petitioner allegesthat he suffered an injury to his left shoulder, including brachial neuritis (“Parsonage Turner Syndrome”), as a result of a Tetanus Diphtheria acellular Pertussis (“Tdap”) vaccine he received on May 21, 2015. Petition at 1-2; Stipulation, filed June 26, 2017, at ¶ 4. Petitioner further alleges that his injuries have lasted for more than six months . Petition at 2; Stipulation at ¶ 4. “Respondent denies that the Tdap vaccine caused petitioner to suffer brachial neuritis or any other injury or his current condition.” Stipulation at ¶ 6. Nevertheless, on June 26, 2017, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note(2012) (Federal Management and Promotion of Electronic Government Services).In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other inform ation, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, t he undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access.

2National 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 (2012).2 

### finds the stipulation reasonableand adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Pursuant to the terms stated inthe attached Stipulation, the undersigned awardsthe following compensation: A lump sum of $71,350.00, in the form of a check payable to petitioner

. Stipulation at ¶ 8. Th is amount represents compensation for all items of damages that would be available under 42 U.S.C. § 300aa-15(a). Id

. The undersigned approves the requested amountfor petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Append ix B, the clerk of the court is directed to enter judgm ent in accordance with this decision. 3 

### IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

3Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review.

### IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ALBERT WILSON, Petitione1-,



### v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent: ) ) ) ) ) ) ) ) ) )**~~~~~~~~~~~~~~)** No. 16-691V ChiefSpecial Maste1; Nora Beth Dorsey ECF

STIPULATION The pa11ies hereby stipulate to the following matters: 1. Albert 

### Wilson, petitioner, filed a petition for vaccine compensation under the NationaJ · 

### Vaccine Injury Compensation Program, 42 U.S.C. § 

### 300aa- 

### t0 to 34 (the "Vaccine Program 0 ). 

### The petition seeks compensation 

### fo1· injuries allegedly related 

### to petitioner's receipt ofthe tetanus-diphtheria-acellular pertussis C'Tdap") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table''), 42 C.F.R. § I

### 00.3(a). 2. Petitioner received a Tdap vaccine on or about May 21, 2015. 3. The vaccine was administered within the United States. 

### 4. Petitioner 

### alleges that he suffered Parsonage-Turner Syndrome as the result of his Tdap vaccination and that he suffered the residual effects ofthis injury for more than six months. 

### 5. Petitioner rep1·esents that there has been 

### no prior award or settlement of a civil action for damages on his behalf as a result ofhis alleged vaccine injury. 6. Respondent denies that the Tdap vaccine caused petitioner to suffet· brachia! neuritis

or any other inju1·y 01' his current condition.7. Maintaining their above

..stated positions, the 

### pat1ies nevertheless now agree that the issues between them shall be settled and that a**decisi~n** should be entered awarding the compensation described in 

### paragraph 8 ofthis Stipulation. 8. As soon as practfoable aftei· an ei1try of judgment reflecting a decision consistent with the 

### terms ofthis Stipulation, and after petitioner has filed an election to teceive 

### compensation pursuant to 42 U.S.C. § 

### 300aa·2 l(a)(J ), the Secretary 

### of Health and Human 

### Services 

### will issue the following vaccine compensation payment: A lump sum of $71,350.00 in the form of a check payable to petitioner. This amount represents compensation for aJI damages that wou1d be available under 42 U.S.C. § 300aa-15(a). 9. As soon as practicable after the entry of judgment on entitlement in this case, and after. petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. 

### § 300aa-2 l (a)(l ), and an application, the parties 

### will submit to flll'ther proceedings before the special master to award reasonabJe attorneys' fees and costs incur1·ed in proceeding upon this petition. 10. Petitioner and his attorney represent that they have identified to respondent alJ known soul'ces of payment for items or services foi· which the 

### Progr·am is not primarily liable under 42 U.S.C. 

### § 300aa-l**5(g)~** including State compensation programs, insurance policies. Federal or State 

### health benefits programs (other than Title XIX ofthe Social Security Act (42 U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis. 

### 11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9**oft~is** Stipulation 

### will be made in accordance with 42 U.S.C. § 300aaMl5(i), subject to the availability of sufficient statutory funds.

2

### 12. The parties and their attorneys further agree and stipulate that, except for any award for attorney's fees and litigation 

### costs, the money provided 

### pursuant to this Stipulation will be used solely for the benefit ofpetitioner as contemplated by a strict construction of42 U.S.C. § 300aa-15(a) 

### ai1d (d), 

### and subject 

## to the conditions 

### of42 

## u.s.c. §. 300aa-l 5(g) and (h). 

### 13. In return for the 

### payments described in paragraphs 

### 8 and 9, petitioner, in his 

### individual**capa~ity.** 

### and on behalfof his 

### hefrs, executors, administrators, successors 

### or assigns, does forever 

### irrevocably anq unconditionally t'eleaset 

### acquit and discharge the 

### United States and 

### the Secretary ofHealth and Human Services from any and all actions or causes of action (including agreements, judgmentst claims, damages, loss of services, expenses and all demands ofwhatever kind or nature) that have been brought, could have been 

### brought, or could be timely 

### brought in the Com1 of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 

### 300aa-10 et seq., on account of, or in 

### any way growing out of, any and all known or unknown, 

### suspected or 

### unsuspected personal injuries to 01· 

### death ofpetitioner t'esulting from, or alleged to have 

### resulted from, the Tdap vaccination administered on 

### May 21, 2015, as alleged by petitioner in a petition for vaccine compensation tiled on or about June 13, 2016, in the United States Court ofFederal Claims as petition No. 16-691 V. 14. 1f petitioner should die prior to entry of judgmenti this agreement shall be voidable 

### upon proper notice 

### to the 

### Coui1 on behalf 

### ofeither 

### or both 

### ofthe 

### parties. 15. Ifthe special master fails to issue a decision in complete conformity with the terms ofthis 

### Stipulatfon or ifthe Court of Federal Claims fails to enter

### judgment in conformity with a 

### decision that 

### is in complete conformity with the terms ofthis Stipulation, then the patties' settlement and this Stipulation shall be voidable at the sole discretion ofeither party.

3

### 16. This Stipulation expresses a full and complete negotiated settlement of 

### Jiability and damages claimed under the National 

### Childhood Vaccine lnjut·y Act of 

### 1986, as amended, except

as otherwise noted in paragraph 9 above. There is absolutely no agreement on the 

### patt ofthe 

### patties hereto ti:> make 

### any payment 01' 

# to do 

### any act or thing 

### "other than jg 

### herein expressly stated and clearly agreed to. The paities fmther agree and understand that the award described in this 

### Stipulation may reflect a .compromise ofthe**pattie~'** respective positions as to 

### liability and/01· amount ofdamages, and further, that a change in the nature ofthe injury 01· condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 

### 11. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the Tdap vaccine caused petitioner's ParsonageTurner Syndrome or any othel' injury or his current condition. l 

### 8. All rights and obligations of 

### petitioner hereunder shall 

### apply equally to petitioner's 

### heirst executorst administrators, successors, and/01· 

### assigns.

I I I I 

### I END OF STIPULATION



### 4Respectfully submitted, PETITIONER:

## ~μ~ ALBERT WILSON

ATTORNEY OF RECORD FOR P ITIONER:

LNIKAS SEDAR, ESQ. Maglio Chl'istopher & Toale, PA 1605 Main Street, Suite 710 Washington, D.C. 200006 Tel: (888) 952

- 5242

AUTHORIZED THE**SECR~-i.1.v.a** HUMANS R

IR, M.D. Director, Division of Injury Compensation Programs Healthcare Systems Bureau Health Resources and Services Administration U.S. Depa1tment of Health and Human Services 5600 Fishers Lane Parklawn Building, Mail Stop 08N146B Rockville, MD 20857

5 AUTHOIUZED REPRESENTATIVE OF THE ATTORNEY GENERAL:

y Director To1ts Branch Civil Division U.S. Department ofJustice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044"0146

ATTORNEY OF RECORD FOR RESPONDENT:

# l#t1At_~~_; 'ALTHEA wALERDAVIS Senior Trial Counsel Totts Branch Civil Division U.S. Department ofJustice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044·0146 (202) 616-05 J 5