# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 10

- 483 V

Filed: July 2 8 , 2014

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

SAMANTHA Y. WILSON

, As Parent and * UNPUBLISHED

Legal Representative of her minor daughter, *

S.W., * Special Master Dorsey

*

Petitioner, * Joint Stipulation on Damages;

* Inactivated Polio Vaccine (“IPV”);

v. * Diptheria

- Tetanus

- Acellular

* Pertussis (“ DTaP”) Vaccine;

SECRETARY OF HEALTH * Guillain Barr é Syndrome (“GBS”);

AND HUMAN SERVICES, * Chronic Inflammatory

* Demyelinating Polyneuropathy

Respondent. * (“CIDP”).

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

Ramon Rodriguez

, Rawls, McNelis and Mitchell, P.C.

, Richmond, VA

, for petitioner

. Glenn MacLeod

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

DECISION 1

On July 26, 2010

, Samantha Y. Wilson (“petitioner”) filed a petition on behalf of her

daughter, S.W., pursuant to the National Vaccine Injury Compensation Program

. 2 42 U

. S.C. §§

300aa

- 1 to

- 34 (200 6). Petitioner alleged that S.W. received Inactivated Polio (“IPV”) and

Diptheria

- Tetanus

- Ace llular Pertussis (“DTaP”) vaccine s on July 30, 2007 , and that she

thereafter suffered from Guillain Barr é s yndrome ( “ GBS ” )

, or an other neurological injury

, which

was caused in fact by the vaccination s

. See Petition at 1

- 2

.

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

infor mation 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 invas ion of privacy.” Vaccine Rule

18(b).

2 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. §§ 300aa

- 1 to

- 34 (200 6) (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.

1On July 2 5 , 2014

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

be entered awarding compensation.

Respondent denies that the DTaP and IPV vaccines caused S.W.’s alleged GBS and/or

CIDP and/or any other injury , and further denies that her curren t disabilities are sequela e of a

vaccine

- related 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 $ 112,165.67, which amount represents reimbursement of a lien

for services rendered on behalf of S.W., in the form of a check payable jointly to

petitioner as guardian/conservator of S.W.’s estate, and

The State of Michigan

P.O. Box 30053

Lansing, MI 48909

RE: [S.W.]

Medicaid ID#: 0029044902

Petitioner agrees to endorse this payment to the Michigan Medicaid Agency ; and

A lump sum of $325,000.00, in the form of a check payable to petitioner, as

guardian/conservator of the estate of S.W., which amount represents

compensation for all other 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’

stipulation. 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 rig ht to seek review.

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