Becktold v. Secretary of Health and Human Services ( 2020 )


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  •               In the United States Court of Federal Claims
    OFFICE OF SPECIAL MASTERS
    No. 18-782V
    Filed: April 14, 2020
    * * * * * * * * * * * * *
    THOMAS BECKTOLD,        *                                          UNPUBLISHED
    *
    Petitioner,    *                                          Decision on Joint Stipulation;
    *                                          Chronic Inflammatory
    v.                      *                                          Demyelinating Polyneuropathy;
    *                                          (“CIDP”); Tetanus-diphtheria-
    SECRETARY OF HEALTH     *                                          acellular pertussis (“Tdap”)
    AND HUMAN SERVICES,     *                                          Vaccine.
    *
    Respondent.    *
    * * * * * * * * * * * * *
    Bridget McCullough, Esq., Muller Brazil, LLP, Dresher, PA, for petitioner.
    Sarah Duncan, Esq., US Department of Justice, Washington, DC, for respondent.
    DECISION ON JOINT STIPULATION1
    Roth, Special Master:
    On June 4, 2018, Thomas Becktold [“Mr. Becktold” or “petitioner”] filed a petition for
    compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
    he suffered from chronic inflammatory demyelinating polyneuritis (“CIDP”)3 after receiving a
    tetanus-diphtheria-acellular pertussis vaccination on April 1, 2016. Stipulation, filed Apr. 14,
    2020, at ¶¶ 1-4. Respondent denies that the aforementioned immunization caused petitioner’s
    injury. Stipulation at ¶ 6.
    1
    Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
    Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
    347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision
    will be available to anyone with access to the internet. However, the parties may object to the Decision’s
    inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party
    has fourteen 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). Otherwise, the whole Decision will be available to the public.
    Id. 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).
    3
    As noted by respondent, CIDP technically stands for chronic inflammatory demyelinating
    polyneuropathy. Stipulation at 1 n.1 (emphasis in original).
    Nevertheless, the parties have agreed to settle the case. On April 14, 2020, the parties filed
    a joint stipulation agreeing to settle this case and describing the settlement terms.
    Respondent agrees to issue the following payment:
    A lump sum of $110,000.00 in the form of a check payable to petitioner, Thomas
    Becktold. This amount represents compensation for all damages that would be
    available under § 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 is directed to enter judgment in accordance
    with this decision.4
    IT IS SO ORDERED.
    s/ Mindy Michaels Roth
    Mindy Michaels Roth
    Special Master
    4
    Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
    renouncing the right to seek review.
    2
    

Document Info

Docket Number: 18-782

Judges: Mindy Michaels Roth

Filed Date: 5/11/2020

Precedential Status: Non-Precedential

Modified Date: 5/11/2020