# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13

- 462 V

Filed: July 2 , 2014

* * * * * * * * * * * * * * * * UNPUBLISHED

PATSY NASH RUSSELL, *

* Special Master Dorsey

Petitioner, *

* Joint Stipulation on Damages;

v. * Tetanus Vaccination;

* Guillain Barr é Syndrome (“GBS”).

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

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

Thomas Gallagher

, Somers Point, NJ

, for petitioner

. Gordon Shemin

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

DECISION 1

On July 5, 2013

, Patsy Nash Russell (“petitioner”) filed a petition pursuant to the

National Vaccine Injury Compensation Program

. 2 42 U

. S.C. §§ 300aa

- 1 to

- 34 (2006).

Petitioner alleged that she received a tetanus vaccine on September 26, 2010 , and that she

thereafter suffered from Guillain Barr é s yndrome ( “ GBS ” ) which was caused in fact by the

vaccination

. See Petition at 1

.

On July 2 , 2014

, the parties filed a stipulation in which they agree that a decision should

be entered awarding compensation.

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 website of the United States Court of Federal

Claims , 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 tra de 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).

2 The Natio nal 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. §§ 300aa

- 1 to

- 34 (2006) (Vaccine Act or the Act). All citations in thi s decision to

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.

1Respondent denies that the tetanus immunization is the cause of petitioner’s alleged GBS,

and/or any other injury

. 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 stipulated that petitioner shall receive the following compensation:

A lum p sum o f $ 40,000.00 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).

Stipulation ¶ 8.

The undersigned approves the requested amo unt for petitioner ’ s compensation.

Accordingly, an award should be made consistent with the stipulation.

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

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’

stip ulation. 3

IT IS SO ORDERED.

s/ Nora Beth Dorsey

Nora Beth Dorsey

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.

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