VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00678 Package ID: USCOURTS-cofc-1_15-vv-00678 Petitioner: Tamatha Anders Filed: 2015-12-07 Decided: 2016-12-07 Vaccine: Tdap Vaccination date: 2013-08-21 Condition: Bell's palsy Outcome: compensated Award amount USD: 175000 AI-assisted case summary: Tamatha Anders filed a petition on December 7, 2015, alleging that a tetanus-diphtheria-acellular pertussis (Tdap) vaccine administered on August 21, 2013, caused her to develop Bell's palsy. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Ms. Anders' condition or any other injury or disability. The parties reached a stipulation to resolve the matter. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded compensation in the amount of $175,000.00, representing all damages available under 42 U.S.C. § 300aa-15(a). The award was to be paid as a check to Ms. Anders. Petitioner was represented by Gil L. Daly, II, and respondent was represented by Douglas Ross. The decision was issued on December 7, 2016. Theory of causation field: Petitioner Tamatha Anders alleged that her August 21, 2013 tetanus-diphtheria-acellular pertussis (Tdap) vaccine caused her to develop Bell's palsy. Respondent denied causation. The parties reached a stipulation to settle the case. The public decision does not describe the specific theory of causation, medical experts, clinical details of the Bell's palsy onset or progression, diagnostic tests, or treatments. Special Master Laura D. Millman adopted the stipulation, awarding $175,000.00 in compensation for all damages. The decision was issued on December 7, 2016. Petitioner's counsel was Gil L. Daly, II, and respondent's counsel was Douglas Ross. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00678-0 Date issued/filed: 2017-01-03 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/07/2016) regarding 36 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00678-UNJ Document 42 Filed 01/03/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-678V Filed: December 7, 2016 Not for Publication ************************************* TAMATHA ANDERS, * * * Petitioner, * Damages decision based on * stipulation; Bell’s palsy; v. * tetanus-diphtheria-acellular pertussis * (“Tdap”) vaccine SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Gil L. Daly, II, Fort Worth, TX, for petitioner. Douglas Ross, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On December 7, 2016, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges her August 21, 2013 receipt of tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine caused her to suffer Bell’s palsy. Respondent denies that the Tdap vaccine caused petitioner’s Bell’s palsy, any other injury, or her 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision 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). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact such information prior to the document=s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall redact such material from public access. Case 1:15-vv-00678-UNJ Document 42 Filed 01/03/17 Page 2 of 7 current disabilities. Nonetheless, the parties agreed to resolve this matter informally. The undersigned finds the terms of the stipulation to be reasonable. The court adopts the parties’ said attached stipulation and awards compensation in the amount and on the terms set forth in the stipulation. Pursuant to the stipulation, the court awards a lump sum of $175,000.00, representing reimbursement for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2012). The award shall be in the form of a check payable to petitioner in the amount of $175,000.00. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2 IT IS SO ORDERED. Dated: December 7, 2016 s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2 Case 1:15-vv-00678-UNJ Document 42 Filed 01/03/17 Page 3 of 7 Case 1:15-vv-00678-UNJ Document 42 Filed 01/03/17 Page 4 of 7 Case 1:15-vv-00678-UNJ Document 42 Filed 01/03/17 Page 5 of 7 Case 1:15-vv-00678-UNJ Document 42 Filed 01/03/17 Page 6 of 7 Case 1:15-vv-00678-UNJ Document 42 Filed 01/03/17 Page 7 of 7