Judge v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS ********************** PAUL JUDGE, * No. 14-1113V * Special Master Christian J. Moran Petitioner, * * v. * * Filed: October 13, 2015 SECRETARY OF HEALTH * AND HUMAN SERVICES, * Stipulation; Hepatitis A vaccine; * Hepatitis B vaccine; DTaP; GBS. Respondent. * * ********************** Mindy Roth, Britcher, Leone & Roth LLC, Glen Rock, NJ, for Petitioner; Camille M. Collett, U.S. Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On October 13, 2015, the parties filed a joint stipulation concerning the petition for compensation filed by Paul Judge on November 14, 2014. In his petition, petitioner alleged that the hepatitis A, hepatitis B, typhoid, and diphtheria- tetanus-acellur pertussis (“DTaP”) vaccines, which are contained in the Vaccine Injury Table (the “Table”),2 42 C.F.R. §100.3(a), and which Paul Judge received on or about June 8, 2012, caused him to develop Guillain-Barre Syndrome (GBS), with residual effects lasting 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 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002), 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 Except the typhoid vaccine, which is not covered by the Vaccine Injury Table. Respondent denies that any of the vaccines that petitioner received either caused or significantly aggravated petitioner’s GBS or any other injury or condition. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. 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: A lump sum payment of $165,000.00 in the form of a check payable to petitioner, Paul Judge. This amount represents 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 in case 14-1113V according to this decision and the attached stipulation.3 Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357- 6360. IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 3 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 Federal Claims judge. 2