# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

DARRELL LAMONT TATUM

, *

* No. 17

- 1966 V

Petitioner, * Special Master Christian J. Moran

*

v. * Filed: December 28, 2020

*

SECRETARY OF HEALTH * Stipulation; Tdap vaccine ;

AND HUMAN SERVICES, * influenza (“flu”) vaccine;

* Guillain

- Barré syndrome (“GBS”);

* chronic inflammatory demyelinating

Respondent. * polyneuropathy (“CIDP”).

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

Howard S. Gold

, Gold Law Firm, LLC

, Wellesley Hills, MA , for Petitioner;

Debra A. Filteau Begley

, United States Dep’t of Justice, Washington, DC, for

Respondent.

UNPUBLISHED DECISION 1

On December 28, 2020 , the parties filed a joint stipulation concerning the

petition for compensation filed by Darrell Lamont Tatum on December 18, 2017

. P etitioner alleged that the Tdap vaccine and the influenza (“flu”) vaccine he

received on February 20, 2015, and March 6, 2015 respectively , which is contained

in the Vaccine Injury Table (the “Table”), 42 C .F.R. §100.3(a), caused him to

suffer Guillain

- Barré syndrome and chronic inflammatory demyelinating

polyneuropathy

. P etitioner further a lleges that he suffered the residual effects of

th ese injur ies for more than six months. Petitioner represents that there has been

no prior award or settlement of a civil action for damages on his behalf as a result

of his condition.

1 T he E

- Government Act

, 44 U.S.C. § 3501 note (2012) (Federal Management and

Promotion of Electronic Government Services) , requires that the Court post this decision on its

website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing

redaction of medical information or other information described in 42 U.S.C. § 300aa

- 12(d)(4).

Any redactions ordered by the special master will appear in the document posted on the website.2

Respondent denies th at the vaccines either caused or significantly

aggravated petitioner ’ s alleged injur ies or any other injury, and denies t hat

petitioner's current disabilities are the result of a vaccine

- related injury

.

Nevertheless, the parties agree to the joint stipulation, attached hereto. The

undersigned finds said stipulation reasonable and adopts it as the decision of the

Court in awarding damages, on the terms set forth therein.

Damages awarded in that stipulation include:

1. A lump sum payment of $145,000.00 in the form of a check payable

to petitioner ; and

2. A lump sum of $126,118.66, representing compensation for full

satisfaction of the State of California Medicaid lien, in the form of a

check jointly payable to petitioner a nd:

Department of Health Care Services

Recovery Branch

– MS 4720

P.O. Box 997421

Sacramento, CA 95899

- 7421

Account No. C93699892C

- VAC03

These amounts represent compensation for all damages that would

be available under 42 U.S.C. § 300aa

- 15(a).

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

the clerk is directed to enter judgment according to this decision and the attached

stipulation. 2

IT IS SO ORDERED

.

s /Christian J. Moran

Christian J. Moran

Special Master

2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each

party filing a notice renouncing the right to seek review by a United States Court of Fed eral

Claims judge.