# In the United States Court of Federal Claims

OFFICE OF SPECIAL MA STERS

No. 18

- 60V

Filed: October 16, 2019

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

DEN NIS ALLEN, JR * UNPUBLISHED

*

Petitioner, * Decision on Joint Stipulation;

* Acute Inflammatory

v. * Demyelinating Polyneuropathy

* ( “ AIDP ” ); Tetanus

- diphtheria

SECRETARY OF HEALTH * acellular pertussis ( “ Tdap ” )

AND HUMAN SERVICES, * Vaccine

*

Respondent. *

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

Maximillian J. Muller, Esq.

, Muller Brazil, LL P, Dresher, PA

, for petitioner.

Althea Davis , Esq

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

DECISION ON JOINT STIPULATION 1

Roth

, Special Master:

On January 12, 2018

, Dennis Allen, Jr., [ “ Mr. Allen ” or “petitioner”] filed a petition for

compensation under the National Vaccine Injury Compensation Program

. 2 Petitioner allege s that

he developed acute inflammatory demyelinating polyneuro pathy ( “ AIDP ” ) after receiving a

teta nus

- diphtheria

- acellular pertussis ( “ Tdap ” ) vaccination on November 18, 2016

. Stipulation,

filed Oct. 16, 2019 , at ¶¶ 1

- 4. Respondent denies that any of the aforementioned immunizati on s

caused petitioner ’s injury. Stipulation at ¶ 6.

Nevertheless, the parties h ave agreed to settle the case. On October 16, 2019 , the parties

filed a joint stipulation agreeing to settle this case and describing the settlem ent terms.

1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the

Court of Federal Claims’s website, in accordance with the E

- Government Act of 2002, Pub. L. No. 107

- 347, 116 Stat. 2899, 2913 (codified as amended at 4 4 U.S.C. § 3501 note (2006)). This means the Decision

will be available to anyone with access to the internet. However, the parties may object to the Decision’s

inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party

has fourteen 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 whole Decision will be available to the public. Id

.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Sta t. 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 ).

### 2 Respondent agrees to issue the fol lowing payment :

A lump sum of $75,000.00 in the form of a check payable to petitioner, Dennis

Allen, Jr

. This amount represents compensation for all damages that would b e

av ailable under § 300aa

- 15(a).

I adopt the parties’ stipula tion attached hereto, and award compensation in the amount and

on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance

with this decision. 3

IT IS SO ORDERED.

s/ Mindy Michaels Roth

Mindy Michaels Roth

Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice

renouncing the right to seek review.