# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 1169 V

Filed: January 19, 2016

UNPUBLISHED

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

SHARENA WEBB, on Behalf of

, *

D.W., Jr., a Minor Child, *

*

Petitioner, * Joint Stipulation on Damages ;

* diphtheria

- Tetanus

- Acellular Pertussis

* ( “ DTaP ” ); H emophilus influnezae type b

SECRETARY OF HEALTH * ( “ Hib ” ) ; Guillain

- Barre Syndrome

AND HUMAN SERVICES, * ( “ GBS ” ); Special Processing Unit

* (“SPU”)
Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * * Anne Carrion Toale, Maglio Christopher and Toale, Sarasota

, FL

, f or petitioner.

Justine Walters , U

. S

. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1

Dorsey

, Chief Special Master:

On December 4, 2014

, p etitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. , 2 [ the

“Vaccine Act” ]. Petitioner alleges that her minor child , D.W., suffered G uillain

- Barre Syndrome ( “ GBS ” ) as a result of receiving Diphthereia

- Tetanus

- Acellula r Pertussis ( “ DTa P ” ) and Hemophilus influenza type b ( “ Hib ” ) vaccina tions on October 16, 2013

. Petit ion at 1

- 2 ; Stipulation , filed 1/19/2016

, ¶ ¶ 1

- 2

. Petitioner further alleges that D.W. ’ s
DTaP and Hib vaccines were administered within the United States, that his injury

lasted for more than six months

, and that there has been no prior award or settlement of a civil action for damages on behalf of D.W. as a result of his condition . Petit ion at 2 ; Stipulation ¶¶ 1

- 5

. “ Respondent denies that the DTaP or Hib vaccines caused D.W. ’ s GBS or any other injury or his current condition. ” Stipulation

, ¶ 6.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)) . In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an

unwarra nted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.

2 National 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 subpara graph of 42 U.S.C. §
300aa (2012 ).Nevertheless, o n January 19, 2016 , the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. 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 $3,098.64, which amount represents reimbursement

of a Medicaid lien for services rendered on behalf of D.W. , in the form
of a check payable jointly to petitioner and

First Recovery Group LLC
26899 Northwestern Highway

Suite 250

Southfiel d, MI 480 33

FRG File No: 557128

- 116715
Attn: Stephen Snabb

Petitioner agrees to endorse this check to First Recovery G roup LLC.
Stipulation, ¶ 8.

• An amou nt sufficient to purchase the a nnuity contract described in paragraph 10 of the join t stipulation

. Stipulation, ¶ 8

.

This represent s compensation for all dama ges that would be available under §

300aa

- 15(a).

The undersigned approves the requested amount for petitioner’s 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 in accordance with this decision. 3

IT IS SO ORDERED.

s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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