ARZATE v. SECRETARY OF HEALTH AND HUMAN SERVICES

OCR transcription for search; preserved printed pages are authoritative

Case 1:22-vv-00842-UNJ Document50- Filed 01/29/26 Page1of7

In the Gited States Court of Federal Clans

OFFICE OF SPECIAL MASTERS

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CANDY FLORES ARZATE, * No. 22-842V
*
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Petitioner, * Special Master Christian J. Moran
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V. *
* Filed: December 30, 2025
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
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Respondent. *

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Steven Zaloudek, Maney & Gordon, P.A., Tampa, FL, for Petitioner;
Dorian Hurley, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION'

On December 29, 2025, the parties filed a joint stipulation concerning the
petition for compensation filed by Candy Flores Arzate on August 2, 2022.
Petitioner alleged that the tetanus, diphtheria, and acellular pertussis (““Tdap”’) and
measles, mumps, and rubella (“MMR”) vaccines she received on January 18, 2021,
which is contained in the Vaccine Injury Table (the “Table’’), 42 C.F.R. §100.3(a),
caused Ms. Arzate to suffer from bilateral leg weakness, post-immunization
paresthesia, and Guillain-Barré syndrome (“GBS”). Petitioner represents that there
has been no prior award or settlement of a civil action for damages on Ms. Arzate’s
behalf as a result of Ms. Arzate’s condition.

' 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), the
parties have 14 days to identify and move to redact medical or other information, the disclosure
of which would constitute an unwarranted invasion of privacy. Any changes will appear in the
document posted on the website.

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

2
Respondent denies that Ms. Arzate’s Tdap and MMR vaccinations caused
Ms. Arzate’s bilateral leg weakness, post-immunization paresthesia, and GBS, or
any other injury, and denies that Ms. Arzate’s current condition is a sequela of a
vaccine-related injury. Nevertheless, the parties agree to the joint stipulation,
attached hereto. 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 lump sum of $31,000.00 to be paid through an ACH deposit to
petitioner’s counsel’s IOLTA account for prompt disbursement to
petitioner.
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 according to this decision and the attached
stipulation.2
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
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.
Case 1:22-vv-00842-UNJ Document 50 Filed 01/29/26 Page 2 of 7

Case 1:22-vv-00842-UNJ Document50- Filed 01/29/26 Page 3of7

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS

CANDY FLORES ARZATE,
Petitioner, No, 22-842V
Special Master Moran

v. ECF

SECRETARY OF HEALTH AND
HUMAN SERVICES.

Respondent.

STIPULATION

The partics hereby stipulate to the following matters:

1. Candy Flores Arzate (“petitioner”) filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the “Vaccine
Program”). The petition secks compensation for injuries aliegedly related to petitioner’s receipt
of tetanus diphtheria acellular pertussis (“Tdap”) and measles, mumps, and rubella (“MMR”)
vaccines, which vaccines are contained in the Vaceine Injury Table (the “Table™), 42 C.F.R.
§ 100.3(a).

2. Petitioner received Tdap and MMR vaccines on January 18, 2021.

3. The vaccines were administered within the United States.

4. Pethoner alleges that petitioner suffered bilateral leg weakness, post-immunization
paresthesia, and Guillain-Barré Syndrome (“GBS”) that were caused-in-fact by the Tdap and
MMR vaccines. Petitioner further alleges that petitioner suffered the residual effects of the

alleged injury for more than six months,

Case 1:22-vv-00842-UNJ Document50- Filed 01/29/26 Page4of7

5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on petitioner’s behalf as a result of the alleged injury.

6. Respondent denies that petitioner sustained bilateral leg weakness, post-immunization
paresthesia, or GBS; denies that the Tdap and/or MMR vaccine(s) caused petitioner’s alleged
bilateral leg weakness. post-immunization paresthesia, GBS, or any other injury or condition:
and denies that her current condition is a sequela of a vaccine-related injury.

7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shail be settled and that a decision Snould be entered awarding the
compensation described in paragraph 8 of this Stipulation.

8. As soon as practicable afteran entry of judgment reflectinga decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(aj(1). the Secretary of Health and Human Services will issue
the following vaceine compensation payment for all damages that would be available under 42
U.S.C. § 300aa-] Sa):

A lump sum payment of $31,000.00 to be paid through an ACH deposit to

petitioner's counsel’s LOLTA account for prompt disbursement to petitioner, This

amount represents compensation forall damages that would be available under 42

U.S.C, § 300aa- 1 S(a).

9. As soon as practicable after the entry ofjudgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-2 I (ay 1), and anapplication, the parties will submit to Further proceedings before
the special master to award reasonable allumeys’ fees and costs Incurred tn proceeding upon this
petition.

10. Petitioner and petitioner's attorney represent thal compensation to be provided

pursuant to this Sipulaton is not for any items or services for which the Program is not

Case 1:22-vv-00842-UNJ Document50- Filed 01/29/26 Page5of7

primarily liable under 42 U.S.C. § 300aa-15(y), to the extent that paymert has been made or can
reasonably be expected to be made under any State compensation programs, insurance policies.
Federal or State health benefits programs (other than Title XIX of the Social Security Act (42
U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis.

11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(1). subject
to the availability of sufficient statutory funds,

12. The parties and their attorneys further agree and stipulate thal, except for any award
for attorney's fees and litigation costs. and past unrenmbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benctit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).

13. In return for the payments deseribed in paragraphs & and 9. petitioner, in petitioner’s
individual capacity, and on behalf of petitioner’s heirs, executors, administrators, successors or
assigns, docs forever irrevocably and unconditionally release, acquit and discharge the United
States and the Secretary of Health and Human Services from any and all achons or causes of
action (including agreements, judgments, claims. damages, loss of services. expenses and all
demands of whatever kind or nature) that have been brought, could have been brought, or could
be timely brought in the Court of Federal Claims, under the National Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-10 et seqg,.on account of, or in any way growing out
of. any and all known or unknown, suspected or unsuspected personal injuries (o or death of

petitioner resulting from, or alleged to have resulted from, the Tdap and/or MMR vaccinations

wi

Case 1:22-vv-00842-UNJ Document50- Filed 01/29/26 Page 6of7

administered on January 18. 2021. as alleged ina petition for vaccine compensation filed on or
about August 2, 2022. in the United States Court of Federal Claims as petition No. 22-0842V.

14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.

15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation. then the parties”
settlement and this Stipulation shall be voidabie at the sole discretion of either party.

16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986. as amended, except
as otherwise noted in paragraph 9 above. There is absulutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.

17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the Tdap and/or MMR vaccines caused petitioner’s
alleged injury or any other injury or condition, or that her current condition is a sequela of a
vaccine-related injury.

18. Allrights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or ASSIENS,

END OF STIPULATION |

Case 1:22-vv-00842-UNJ Document 50

Respectfully submitted,

PETITION
ty —
pee
CAN ESARZATE

ATTORNEY OF RFCORD FOR
PETITIONER:

S - EN ZAL K

MANEY ON, P.A.

101 East ennedy Boulevard, Suite 1700
Tampa, Florida 33602

Telephone: (813) 221-1366

Email: s.zaloudek =maneygordon.com

AUTHORIZED REPRESENTATIVE
OF THE SECRETARY OF HLALTH
AND HUMAN SERVICES:

Dgta y signed by
Jeffrey S * Jeffrey S Beach S$

Beach -S 02013 os00. for
CAPT GEORGE REED GRIMLS, MD, MPII
Director, Division of Injury

Compensation Programs
Health Systems Bureau
Health Resources and Services
Administration
U.S. Department of Heaith
and Human Services
5600 Fishers Lane, 14W~18
Rockville, MD 20857

Dated: 2 29/ 625

Filed 01/29/26 Page 7 of7

A THORIZED RFPRESENTATIVF
OF TIIE ATTORNEY GFNIRAL:

HLATHLR L. PEARLMAN
Deputy Director

Torts Branch

Civil Division

U.S. Department of Justice
P.O. Box 146

Benjamin Franklin Station
Washington, DC 20044-0146

ATTORNEY OF RECORD FOR
RLSPONDENT:

DORIAN HURLEY
Trial Attorney
Torts Branch
Civil Division
S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
Phone: (202) 353-7751]
Fmail dorian.hurley usdoy.gov