VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01036 Package ID: USCOURTS-cofc-1_20-vv-01036 Petitioner: Thelma Andras Filed: 2020-08-18 Decided: 2021-10-26 Vaccine: Tdap Vaccination date: 2017-08-10 Condition: Guillain-Barre Syndrome Outcome: compensated Award amount USD: 57500 AI-assisted case summary: Thelma Andras filed a petition for compensation under the National Vaccine Injury Program on August 18, 2020. Petitioner received a Tdap vaccine on August 10, 2017, and alleges that she suffered Guillain-Barre Syndrome (GBS) as a result. The respondent, the Secretary of Health and Human Services, filed a stipulation for award on October 5, 2021. While the respondent denied that a flu vaccine caused the petitioner's alleged injuries, the parties agreed to settle the case while maintaining their respective positions. The stipulation provided for a total award of $57,500.00. This amount included a lump sum of $47,500.00 payable to Thelma Andras and a lump sum of $10,000.00 to reimburse a Medicaid lien for services rendered to her by the State of Louisiana. The $10,000.00 payment was to be made by check payable jointly to petitioner and the Louisiana Department of Health, mailed to the Louisiana Department of Health. Petitioner agreed to endorse this check to the Louisiana Department of Health. These amounts were stipulated to represent compensation for all damages available under the Vaccine Act. Special Master Thomas L. Gowen adopted the stipulation and ordered judgment to be entered accordingly. The decision was issued on October 26, 2021. Petitioner's counsel was John Robert Howie, Jr. of Howie Law, PC. Respondent's counsel was Alexa Roggenkamp of the U.S. Department of Justice. Theory of causation field: Thelma Andras received a Tdap vaccine on August 10, 2017, and alleged Guillain-Barre Syndrome (GBS) as a result. The respondent denied that a flu vaccine caused the alleged injuries. The parties stipulated to an award of $57,500.00, consisting of $47,500.00 payable to the petitioner and $10,000.00 to reimburse a Medicaid lien. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. The case was settled via stipulation for award on October 5, 2021, and judgment was entered on October 26, 2021, by Special Master Thomas L. Gowen. Petitioner was represented by John Robert Howie, Jr., and respondent was represented by Alexa Roggenkamp. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01036-0 Date issued/filed: 2021-10-26 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 10/05/2021) regarding 34 DECISION for Stipulation. Signed by Special Master Thomas L. Gowen. (slw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01036-UNJ Document 41 Filed 10/26/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: October 5, 2021 * * * * * * * * * * * * * THELMA ANDRAS, * UNPUBLISHED * Petitioner, * No. 20-1036V * v. * Special Master Gowen * SECRETARY OF HEALTH * Stipulation for Award; AND HUMAN SERVICES, * Tdap vaccine; GBS. * * Respondent. * * * * * * * * * * * * * * John Robert Howie, Jr., Howie Law, PC, for petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, D.C., for respondent. DECISION FOR STIPULATION1 On August 18, 2020, Thelma Andras (“petitioner”), filed a petition for compensation under the National Vaccine Injury Program.2 Petition at Preamble (ECF No. 1). Petitioner received a Tdap vaccine on August 10, 2017. Id. at Preamble; Stipulation for Award (ECF No. 33). Petitioner alleges that as a result of receiving the Tdap vaccine, she suffered Guillain-Barre Syndrome (“GBS”). Stipulation at ¶ 4. On October 5, 2021, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Respondent denies that the flu vaccine is the cause of petitioner’s alleged injuries, or any other injury or her current condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties now agree that the issues 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. Case 1:20-vv-01036-UNJ Document 41 Filed 10/26/21 Page 2 of 2 between them shall be settled and that a decision should be entered awarding the compensation to the petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation provides: 1) A lump sum of $47,500.00 in the form of a check payable to petitioner; and 2) A lump sum of $10,000.00, representing reimbursement of a Medicaid lien for services rendered to petitioner by the State of Louisiana, the form of a check payable jointly to petitioner and the Louisiana Department of health, and mailed to: Louisiana Department of Health c/o Ryan Hart/BIN #20 Bienville Building 628 North 4th Street P.O. Box 3836 Baton Rouge, Louisiana 70821-3836 Petitioner agrees to endorse this check to the Louisiana Department of Health. These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2