# In the United States Court of Federal Claims

O FFICE OF 

## S PECIAL 

## M ASTERS

No. 1 0

- 223 V

Filed: July 3 , 201 3

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

SUSAN WILLIAMSEN

, * NOT TO BE PUBLISHED

*

Petitioner

, * Special Master Zane

*

v. * Stipulation; tetanus

- diptheria (“Td”)

* vaccine; systemic lupus erythematosus

SECRETARY OF HEALTH * (“SLE”)

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Anne Toale

, Maglio, Christopher, and Toale, Sarasota, FL , for Petitioner

Lisa Watts , United States Dep’t of Justice, W ashington, DC , for Respondent

UNPUBLISHED DECISION 1

On July 3

, 201 3 , the parties in the above

- captioned case filed a Stipulation memorializing

their agreement as to the appropriate amount of compensation in this case. Petitioner allege d that

s he suffered from systemic lupus erythematosus (“ SLE ”) as a consequence of h er receipt of the

tetanus

- diptheria (“Td”) vaccine

, which is a vaccine contained in the Vaccine Injury Table, 42

C.F.R § 100.3(a)

, and which s he r eceived on or about April 21, 2009

. Petitioner alleges that s he

experienced the residual effects of this injury for more than six months. Petitioner also

1 Because this decision contains a reasoned explanation for the s pecial m aster’s action in this

case, the s pecial m aster intends to post it on the website of the United States Court of Federal

Claims, in accordance with the E

- Government Act of 2002

, § 205, 44 U.S.C. § 3501 (2006).

The decisions of the s pecial m aster will be m ade available to the public with the exception of

those portions that contain trade secret or commercial or financial information that is privileged

and confidential, or medical or similar information whose disclosure would clearly be an

unwarranted invasi on of privacy. As provided by Vaccine Rule 18(b), each party has 14 days to

file a motion requesting the redaction from this decision of any such alleged material. In the

absence of a timely request, which includes a proposed redacted decision, the entir e document

w ill be made publicly available. If the s pecial m aster, upon review of a timely filed motion to

redact , agrees that the identified material fits within the categories listed above, the s pecial

m aster shall redact such material from the decision made available to the public . 42 U.S.C. §

300aa

- 12 (d)(4); Vaccine Rule 18(b).

1represents that there have been no prior award s or settlement of a civil action for these damages

. Petitioner seek s compensation related to h er injuries pu rsuant to the National Vaccine Injury

Compensation Program, 42 U.S.C. §300aa

- 10 to 34.

Respondent denie s that the Td vaccine caused Petitioner’s SLE or any other injury and

denies that Petitioner’s current disabilities are sequelae o f h er alleged vaccine

- related injury.

Nonetheless, the parties have agreed informally to resolve this matter. Stipulation, Appendix A

hereto.

The undersigned hereby ADOPTS the parties’ said Stipulation, attached hereto as

Appendix A, and aw ards compensation in the amount and on the terms set forth therein.

S pecifically, Petitioner is awarded:

a) a lump sum of $ 230 ,000.00

, representing compensation for the

reimbursement of a State of California Medicaid lien, payable jointly to

petitioner and Department of Health Care Services, Personal Injury Unit/MS

4720, P.O. Box 997421, Sacramento, CA 95899

- 7421. Petitioner agre e s to

e ndorse this check to the Department of Health Care Services, Personal

Injury Unit; and

b) a lump sum of $770,000.00 in the form of a check payable to Petitioner

. This amount represents compensation for all damages that would be available

under 42 U.S.C. § 300aa

- 15(a)

.

The C ourt thanks the parties for their cooperative efforts in resolving this matter. In the

absence of a motion for review filed pursuant to RCFC, Appendix B, the Clerk is directed to

enter judgment accordingly. 2

IT IS SO ORDERED.

s/Daria J. Zane

Daria J. Zane

Special Master

2 This document constitutes a final “decision” in this case pursuant to 42 U.S.C. § 300aa

12(d)(3)(A). Unless a motion for review of this decision is filed wit hin 30 days, the Clerk of the

Court shall enter judgment in accordance with this decision. 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 Cour t of Federal Claims judge.

2