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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Federal Claims OFFICE OF SPECIAL MASTERS No. 18-782V Filed: April 14, 2020 * * * * * * * * * * * * * THOMAS BECKTOLD, * UNPUBLISHED * Petitioner, * Decision on Joint Stipulation; * Chronic Inflammatory v. * Demyelinating Polyneuropathy; * (“CIDP”); Tetanus-diphtheria- SECRETARY OF HEALTH *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 Stipulation at ¶ 6. 1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub.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 NationalChildhood 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