VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00512
Package ID: USCOURTS-cofc-1_15-vv-00512
Petitioner: Susana Gonzales-Sexauer
Filed: 2015-11-19
Decided: 2016-02-23
Vaccine: Tdap
Vaccination date: 2014-11-14
Condition: brachial neuritis
Outcome: compensated
Award amount USD: 106440

AI-assisted case summary:
Susana Gonzales-Sexauer filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered brachial neuritis as a result of a Tdap vaccine she received on November 14, 2014. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused any injury. Despite this denial, the parties filed a joint stipulation agreeing to a settlement. The court adopted the stipulation, awarding Ms. Gonzales-Sexauer compensation. The award included $1,112.05 to reimburse a State of New Mexico Medicaid lien, $90,000.00 for all other damages, and $15,328.95 for attorneys' fees and costs. The Tdap vaccine is listed on the Vaccine Injury Table, and the parties agreed to settle the case, resulting in a total award of $106,440.95. The decision was issued on February 23, 2016, following the stipulation filed on November 19, 2015.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00512-0
Date issued/filed: 2016-02-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/19/2015) regarding 25 DECISION Fees Stipulation/Proffer, DECISION Stipulation/Proffer,, (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00512-UNJ Document 29 Filed 02/23/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-512V
Filed: November 19, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SUSANA GONZALES-SEXAUER, *
*
Petitioner, * Joint Stipulation on Damages;
* Tetanus, Diphtheria and Pertussis
* (Tdap) Vaccine; Brachial Neuritis;
SECRETARY OF HEALTH * Attorneys’ Fees and Costs; Special
AND HUMAN SERVICES, * Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Donald Downing, Van Cott & Talamante, PLLC, for petitioner.
Gordon Elliot Shemin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On May 18, 2015, 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 alleges that she suffered brachial neuritis as a result of a tetanus,
diphtheria, acellular pertussis (“Tdap”) vaccine she received on November 14, 2014.
Petition at 10; Stipulation at 1, filed 11/19/2015, ¶ 4. “Respondent denies that the Tdap
immunization caused any injury to petitioner.” Stipulation, ¶ 6.
Nevertheless, on November 19, 2015, the parties filed the joint stipulation
(attached hereto as Appendix A), stating that a decision should be entered awarding
compensation. The undersigned 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:
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, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2006)). 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).
1

Case 1:15-vv-00512-UNJ Document 29 Filed 02/23/16 Page 2 of 7
a. A lump sum of $1,112.05, which represents reimbursement of a State of
New Mexico Medicaid lien, in the form of a check payable to petitioner
and
Health Care Service Corporation
25552 Network Place
Chicago, IL 60673-1255
Petitioner agrees to endorse this payment to the State; and
b. A lump sum of $90,000.00 in the form of a check payable to petitioner.
Stipulation, ¶ 8(b). This amount represents compensation for all items of
damages that would be available under 42 U.S.C. § 300aa-15(a). Id.
c. A lump sum of $15,328.95, in the form of a check payable jointly to
petitioner and petitioner’s attorney, Andrew D. Downing, for attorneys’
fees and costs available under 42 U.S.C. § 300aa-15(e). In compliance with
General Order #9, petitioner incurred no out-of-pocket litigation expenses in
proceeding on the petition.
The undersigned approves the requested amount. 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.
2

Case 1:15-vv-00512-UNJ Document 29 Filed 02/23/16 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
SUSANA GONZALES-SEXAUER, )
)
Petitioner, ) No. 15-512V
) Chief Special Master Dorsey
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES )
)
Respondent. )
____________________________________)
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner filed a petition for vaccine compensation under the National Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the “Vaccine Program”). The petition
seeks compensation for injuries allegedly related to petitioner’s receipt of the Tetanus,
Diphtheria and Pertussis (“Tdap”) vaccine, which is a vaccine contained in the Vaccine Injury
Table (the “Table”), 42 C.F.R. § 100.3(a).
2. Petitioner received her Tdap vaccination on or about November 14, 2014.
3. The vaccine was administered within the United States.
4. Petitioner alleges that the Tdap vaccine caused her to develop brachial neuritis, and
that she experienced the residual effects of this injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her condition.
6. Respondent denies that the Tdap immunization caused any injury to petitioner.
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Case 1:15-vv-00512-UNJ Document 29 Filed 02/23/16 Page 4 of 7
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
a. A lump sum of $1,112.05, which represents reimbursement of a State of New
Mexico Medicaid lien, in the form of a check payable to petitioner and
Health Care Service Corporation
25552 Network Place
Chicago, IL 60673-1255
Petitioner agrees to endorse this payment to the State; and
b. A lump sum of $90,000.00 in the form of a check payable to petitioner. This
amount represents compensation for all remaining items of damages that would
be available under 42 U.S.C. § 300aa-15(a); and
c. A lump sum of $15,328.95 in the form of a check payable jointly to petitioner and
petitioner’s attorney, Andrew D. Downing, for attorneys’ fees and costs available
under 42 U.S.C. § 300aa-15(e). In compliance with General Order #9, petitioner
incurred no out-of-pocket litigation expenses in proceeding on the petition.
9. Petitioner and her attorney represent that they have identified to respondent all known
sources of payment for items or services for which the Program is not primarily liable under 42
U.S.C. § 300aa-15(g), including State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. §
1396 et seq.)), or by entities that provide health services on a pre-paid basis.
10. Payments made pursuant to paragraph 8 of this Stipulation will be made in
accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds.
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Case 1:15-vv-00512-UNJ Document 29 Filed 02/23/16 Page 5 of 7
11. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys’ fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
12. In return for the payments described in paragraph 8, petitioner, in her individual
capacity, and on behalf of her heirs, executors, administrators, successors and/or assigns, does
forever irrevocably and unconditionally release, acquit and discharge the United States and the
Secretary of Health and Human Services from any and all actions or causes of action (including
agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever
kind or nature) that have been brought, could have been brought, or could be timely brought in
the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42
U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or
unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or
alleged to have resulted from, the Tdap vaccination administered on or about November 14, 2014
as alleged by petitioner in a petition for vaccine compensation filed on or about May 18, 2015 in
the United States Court of Federal Claims as petition No. 15-512V.
13. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
14. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties’
settlement and this Stipulation shall be voidable at the sole discretion of either party.
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Case 1:15-vv-00512-UNJ Document 29 Filed 02/23/16 Page 6 of 7
15. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986. There is absolutely
no agreement on the part of the parties hereto to make any payment or to do any act or thing
other than is herein expressly stated and clearly agreed to. The parties further agree and
understand that the award described in this Stipulation may reflect a compromise of the parties’
respective positions as to liability and/or amount of damages, and further, that a change in the
nature of the injury or condition or in the items of compensation sought, is not grounds to modify
or revise this agreement.
16. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the Tdap vaccine caused any injury to petitioner.
17. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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