Case Information
*1 Case 1:19-vv-00072-UNJ Document 106 Filed 05/19/25 Page 1 of 10
In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: April 24, 2025 * * * * * * * * * * * * * * * * * * * * * * * * * JOHN HENDRICKS, * No. 19-72V
* Petitioner, * Special Master Young v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, *
* Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Danielle Anne Strait , Mctlaw, Seattle, WA, for Petitioner. Colleen Clemons Hartley , United States Department of Justice, Washington, DC, for Respondent.
DECISION [1]
On January 15, 2019, John Hendricks (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program. [2] 42 U.S.C. §§ 300aa-10 to -34 (2012). Petitioner alleged that the tetanus, diphtheria, acellular pertussis (“Tdap”) vaccine he received on August 19, 2016, caused him to suffer from acute demyelinating encephalomyelitis (“ADEM”). Pet. at ¶ 1, ¶ 11, ECF No. 1.
On April 21, 2025, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Stipulation ¶ 7, ECF No. 100. Respondent “denies that the Tdap vaccine caused [P]etitioner to suffer from ADEM or any other injury or his current condition.” Id. ¶ 6. Nevertheless, the parties agree to the joint stipulation. See id. ¶ 7. I find the stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein.
*2 Case 1:19-vv-00072-UNJ Document 106 Filed 05/19/25 Page 2 of 10 The parties stipulate that Petitioner shall receive the following compensation: (a) A lump sum of $536,207.70, which amount represents compensation for first year life care expenses ($33,059.54) and combined lost earnings, pain and suffering, and past unreimbursable expenses ($503,148.16), to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner;
(b) An amount sufficient to purchase the annuity contract described in paragraph 10 below, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”).
Id. ¶ 8. These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).
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. [3]
IT IS SO ORDERED.
s/Herbrina D.S. Young Herbrina D.S. Young Special Master
NOTES
[1] Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access.
[2] National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.
[3] 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