Filed: Apr. 18, 2014
Latest Update: Apr. 18, 2014
Summary: UNPUBLISHED DECISION 1 CHRISTIAN J. MORAN, Special Master. On April 18, 2014, the parties filed a joint stipulation concerning the petition for compensation filed by Douglas Frank Gilmore Jr., on March 1, 2012. In his petition, petitioner alleged that the tetanus-diphtheria-acellular pertussis ("Tdap") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. 100.3(a), and which he received on August, 18, 2010, caused him to suffer Chronic Inflammatory Demyelinating P
Summary: UNPUBLISHED DECISION 1 CHRISTIAN J. MORAN, Special Master. On April 18, 2014, the parties filed a joint stipulation concerning the petition for compensation filed by Douglas Frank Gilmore Jr., on March 1, 2012. In his petition, petitioner alleged that the tetanus-diphtheria-acellular pertussis ("Tdap") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. 100.3(a), and which he received on August, 18, 2010, caused him to suffer Chronic Inflammatory Demyelinating Po..
More
UNPUBLISHED DECISION1
CHRISTIAN J. MORAN, Special Master.
On April 18, 2014, the parties filed a joint stipulation concerning the petition for compensation filed by Douglas Frank Gilmore Jr., on March 1, 2012. In his petition, petitioner alleged that the tetanus-diphtheria-acellular pertussis ("Tdap") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. §100.3(a), and which he received on August, 18, 2010, caused him to suffer Chronic Inflammatory Demyelinating Polyneuropathy ("CIDP"). Petitioner further alleges that he suffered the residual effects of this injury for 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.
Respondent denies that the Tdap vaccine caused petitioner's alleged CIDP, or any other injury, and further denies that petitioner's current disabilities are sequelae of a vaccine elated injury.
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. A lump sum payment of $112,500.00 in the form of a check payable to petitioner, Douglas Frank Gilmore, Jr. 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 12-143V according to this decision and the attached stipulation.2
IT IS SO ORDERED.
FootNotes
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. 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.
