# In the United States Court of Federal Claims

OFFICE OF SPECIAL MA STERS

No. 15

- 427V

Filed: August 6, 2020

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

ROSE M. PORGES, * UNPUBLISHED

*

Petitioner, * Decision on Joint Stipulation;

* Chronic Inflammatory

v. * Demyelinating Polyneuropathy

* (“CIDP”); Tetanus

- diphtheria

SECRETARY OF HEALTH * acellular pertussis (“Tdap”)

AND HUMAN SERVICES, * Vaccine

*

Respondent. *

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

Nancy Meyers, Esq.

, Turning Point Litigation, Greensboro, NC

, for petitioner.

Claudia Gangi , Esq

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

DECISION ON JOINT STIPULATION 1

Roth

, Special Master:

On April 28, 2015, Rose Porges [ “ Ms. Porges” or “petitioner”] filed a petition for

compensation under the National Vaccine Injury Compensation Program

. 2 Petitioner allege s that

she developed chronic inflammatory demyelinating polyneuropathy (“CIDP”) after receiving a

tetanus

- diphtheria

- acellular pertussis (“Tdap”) vaccination on May 1, 2012

. Stipulation, filed Aug.

6, 2020 , at ¶¶ 1

- 4. Respondent denies that the aforementioned immunizati on caus ed petitioner ’s

alleged CIDP, any other injury, or her current disabilities

. Stipulation at ¶ 6.

Nevertheless, the parties h ave agreed to settle the case. On August 6, 2020, the parties filed

a joint stipulation agreeing to settle this case and describin g the settlement 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1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the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 St a 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 $165,000.00 in the form of a check payable to petitioner, Rose

Porges

. 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/ M indy 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.