Opinion

Catrow v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
Apr 11, 2017
Status
Unpublished
On the bench
Nora Beth Dorsey
Cited by
0 cases

The opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-0339V

Filed: December 9, 2016

UNPUBLISHED

****************************

JONATHAN CATROW, *

*

Petitioner, * Joint Stipulation on Damages;

v. * Influenza (“Flu”) and Tetanus Diphtheria

* Acellular Pertussis (“Tdap”) Vaccines;

SECRETARY OF HEALTH * Guillain-Barré Syndrome (“GBS”);

AND HUMAN SERVICES, * Special Processing Unit (“SPU”)

*

Respondent. *

*

****************************

Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.

Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for

respondent.

DECISION ON JOINT STIPULATION1

Dorsey, Chief Special Master:

On March 16, 2016, Jonathan Catrow (“petitioner”) filed a petition for

compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.

§300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that he suffered Guillain-

Barré syndrome (“GBS”) as a result of an influenza (“flu”) and/or Tetanus diphtheria

acellular pertussis (“Tdap”) vaccines he received on or about February 17, 2015.

Petition at 1-2; Stipulation, filed December 9, 2016, at ¶ 2, 5. Petitioner further alleges

that he suffered the residual effects of this injury for more than six months. Petition at 2;

Stipulation at ¶ 4. “Respondent denies that the flu and/or Tdap vaccines caused

petitioner’s alleged GBS or any other injury and further denies that his current

disabilities are sequela of a vaccine-related injury.” Stipulation at ¶ 6.

1

Because this unpublished decision contains a reasoned explanation for the action in this case, the

undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with

the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of

Electronic Government Services). 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, the undersigned agrees that the identified material fits

within this definition, the undersigned will redact such material from public access.

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).

Nevertheless, on December 9, 2016, the parties filed the attached joint

stipulation, stating that a decision should be entered awarding compensation. The

undersigned finds the stipulation reasonable and adopts it as the decision of the Court

in awarding damages, on the terms set forth therein.

The parties stipulate that petitioner shall receive the following compensation:

A lump sum of $86,610.23, in the form of a check payable to petitioner.

Stipulation at ¶ 8. This amount represents compensation for all items of

damages that would be available under 42 U.S.C. § 300aa-15(a). Id.

The undersigned approves the requested amount for petitioner’s compensation.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of

the court is directed to enter judgment in accordance with this decision.3

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master

3

Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice

renouncing the right to seek review.

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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