# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-923V

* * * * * * * * * * * * * * * * * * * * * * * * * * MARY VAN KOOTEN, * * Filed: June 20, 2016 Petitioner, * * Decision by Stipulation; Damages; v. * Tetanus-diphtheri a-acellular-pertussis * (“Tdap”) Vaccine; Transverse Myelitis SECRETARY OF HEALTH * (“TM”). AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * *

Alison H. Haskins , Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner.

Camille M. Collett , U.S. Dep’t of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On September 29, 2014, Mary Van Kooten filed a petition seeking compensation under the National Vaccine Injury Compensa tion Program (“Vaccine Program”). 2 Petitioner alleges that she suffered from transverse myelitis (“TM”) as a result of her May 17, 2013, receipt of the tetanusdiphtheria-acellular-pertussis (“Td ap”) vaccine. Moreover, Petitione r alleges that she experienced residual effects of this injury for more than six months.

Respondent denies that the Tdap vaccine caused Petitioner’s alleged TM or any other injury or condition. Nonetheless both parties, while main taining their above-stated positions, agreed in a stipulation (filed on June 16, 2016) that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation.

1 Because this decision contains a reas oned explanation for my actions in this case, I will 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 (2012). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), 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 f iles or similar files, the disclosure of which would constitut e a clearly unwarranted invasion of privacy .” Vaccine Rule 18(b). Otherwise, the whole decision will be available to the public. Id.

2 The Vaccine Program comprises Part 2 of the National Child hood Vaccine Injury Act of 1 986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 th rough 34 (2012) (“Vaccine Act” or “the Act”). Individual section references hereaf ter will be to § 300aa of the Act (but will omit that statutory prefix).2 I have reviewed the file, and based upon that revi ew, I conclude that th e parties’ stipulation (as attached hereto) is reasonabl e. I therefore adopt it as my de cision in awarding damages on the

terms set forth therein.

The stipulation awards:

 A lump sum of $220,000.00 in the form of a check payable to Petitioner.

Stipulation ¶ 8. This amounts repr esents compensation for all damage s that would be available under Section 15(a) of the Act.

I approve a Vaccine Program award in the requ ested amount set forth a bove to be made to

Petitioner. In the absence of a motion for review filed pursuant to RCFC Appe ndix B, the clerk of the

court is directed to enter judgment herewith. 3

IT IS SO ORDERED.

/s/ Brian H. Corcoran Brian H. Corcoran Special Master

3 Pursuant to Vaccine Rule 11(a), the parties may expedite en try of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review.