In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 16-321V 

Filed: October 13, 2016 

UNPUBLISHED 

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

PHILLIP HERRERA, * 

 * 

 Petitioner, * Joint Stipulation on Damages; 

v. * Tetanus, Diptheria, acellular Pertussis 

 * (“Tdap”) Vaccine; Nodular Fasciitis; 

SECRETARY OF HEALTH * Special Processing Unit (“SPU”)

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

 * 

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

Jerome A. Konkel, Samster, Konkel & Safran, SC, Milwaukee, WI, for petitioner. 

Lara A. Englund, U.S. Department of Justice, Washington, DC, for respondent. 

DECISION ON JOINT STIPULATION1

Dorsey, Chief Special Master: 

 On March 14, 2016, petitioner filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

2

 (the 

“Vaccine Act”). Petitioner alleged that he developed nodular fasciitis after receiving the 

tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine on April 23, 2013. Petition at 1; 

see also Stipulation, filed Oct. 13, 2016, at ¶¶ 1-2, 4. Petitioner further alleged that he

received the Tdap vaccine in the United States, that he suffered the effects of his injury 

for more than six months, and that he has not filed a civil suit or received compensation 

for his injury, alleged as vaccine caused. Petition at ¶¶ 2, 8, 10; see also Stipulation at 

¶¶ 3-5. “Respondent denies that the Tdap vaccine is the cause of petitioner’s nodular 

fasciitis or any other injury or his current condition.” Stipulation at ¶ 6. 

Nevertheless, on October 13, 2016, the parties filed the attached joint stipulation, 

stating that a decision should be entered awarding compensation. The undersigned 

 

1

 Because this unpublished decision contains a reasoned explanation for the action in this case, the 

undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with 

the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of 

Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to 

identify and move to redact medical or other information, the disclosure of which would constitute an 

unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits 

within this definition, the undersigned will redact such material from public access. 

2

 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for 

ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
2

finds the stipulation reasonable and adopts it as the decision of the Court in awarding 

damages, on the terms set forth therein. 

The parties stipulate that petitioner shall receive the following compensation: 

A lump sum of $90,000.00 in the form of a check payable to petitioner. 

Stipulation at ¶ 8. This amount represents compensation for all items of 

damages that would be available under § 15(a). Id. 

The undersigned approves the requested amount for petitioner’s compensation. 

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

the court is directed to enter judgment in accordance with this decision.3

IT IS SO ORDERED.

 s/Nora Beth Dorsey 

 Nora Beth Dorsey 

 Chief Special Master 

 

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice 

renouncing the right to seek review.