VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00128
Package ID: USCOURTS-cofc-1_19-vv-00128
Petitioner: Andrea Miller
Filed: 2019-01-24
Decided: 2022-02-18
Vaccine: Tdap
Vaccination date: 2016-01-24
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 56972

AI-assisted case summary:
Andrea Miller filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that the Tdap vaccine she received on January 24, 2016, caused her to suffer from Guillain-Barré syndrome (GBS) and experience residual effects for more than six months. Respondent, the Secretary of Health and Human Services, denied that the Tdap immunization caused Petitioner's alleged GBS and/or any other injury. Despite this denial, the parties filed a joint stipulation for award, agreeing that Petitioner should receive compensation. The stipulation was approved by the Special Master. Andrea Miller was awarded a total of $56,972.03. This amount included $6,972.03 to satisfy a State of Florida Medicaid lien and a lump sum of $50,000.00 for all remaining compensation for damages. The parties agreed to expedite the entry of judgment by renouncing the right to seek review.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00128-0
Date issued/filed: 2022-03-07
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/18/2022) regarding 41 DECISION - Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (arm) Service on parties made.
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Case 1:19-vv-00128-UNJ Document 46 Filed 03/07/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: February 18, 2022
* * * * * * * * * * * * * * * * * * * * * * * * *
ANDREA MILLER, * No. 19-128V
*
Petitioner, * Special Master Sanders
v. *
* Stipulation for Award; Tetanus-
SECRETARY OF HEALTH * Diphtheria-Acellular-Pertussis (“Tdap”)
AND HUMAN SERVICES, * Vaccine; Guillain-Barré Syndrome
* (“GBS”)
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
John R. Howie, Jr., Howie Law, PC, Dallas, TX, for Petitioner.
Ryan D. Pyles, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On January 24, 2019, Andrea Miller (“Petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34
(2012); Pet. at 1, ECF No. 1. Petitioner alleged that the Tetanus-diphtheria-acellular-pertussis
(“Tdap”) vaccine she received on January 24, 2016, caused her to suffer from Guillain-Barré
syndrome (“GBS”). Id.; see also Stip. at 1, ECF No. 40. Petitioner further alleged that she
experienced the residual effects of her injury for more than six months. Pet. at 2.
On February 15, 2022, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation to Petitioner. Stip. at 2. Respondent “denies that the
Tdap immunization is the cause of [P]etitioner’s alleged GBS and/or any other injury.” Id. at 1.
Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. I find the
stipulation reasonable and adopt 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 This Decision shall be posted on the website of the United States Court of Federal Claims, 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 (2012)). This means the Decision will be available to anyone with access to
the Internet. As provided by Vaccine Rule 18(b), each party has 14 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 files or similar files, the disclosure of which
would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b).
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.

Case 1:19-vv-00128-UNJ Document 46 Filed 03/07/22 Page 2 of 7
a. A lump sum payment of $6,972.03,3 representing compensation for
satisfaction of a State of Florida Medicaid lien, in the form of a
check payable jointly to [P]etitioner and
Equian
P.O. Box 182643
Columbus, OH 43218.
Petitioner agrees to endorse this payment to Equian; and
b. A lump sum of $50,000.00 in the form of a check payable to
[P]etitioner. This amount represents all remaining compensation
for all damages that would be available under 42 U.S.C. § 300aa-
15(a) for injuries allegedly related to [P]etitioner’s receipt of the
Tdap vaccine.
Id. at 2.
I approve the requested amount for Petitioner’s compensation. Accordingly, an award
should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.4
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
3 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of
action the State of Florida may have against any individual as a result of any Medicaid payments made by,
or on behalf of, the State of Florida to, or on behalf of, Andrea Miller as a result of her alleged vaccine-
related injury suffered as a result of her January 24, 2016 Tdap vaccination, under Title XIX of the Social
Security Act, see 42 U.S.C. §§ 300aa-15(g), (h).
4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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