Melissa Biggs v. Secretary of Health and Human Services 1

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 12-247 V

July 3, 2013

Not for Publication *****************************

MELISSA BIGGS, * *

Petitioner, * Damages decision based on * stipulation; influenza vaccine; v. * bilateral brachial neuritis *

SECRETARY OF HEALTH *

AND HUMAN SERVICES, * *

Respondent. * * *****************************

Jerome A. Konkel, Milwaukee, WI, for petitioner.

Claudia B. Gangi, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES 1

On July 2, 2013, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered bilateral brachial neuritis that was caused by her October 6, 2009, influenza vaccination. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Respondent denies that petitioner’s bilateral brachial neuritis or any other injury was caused by influenza vaccine. Nonetheless, the parties agreed to resolve this matter informally.

The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards petitioner a lump sum of $250,000.00 representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check for $250,000.00 made payable to petitioner.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith. 2

IT IS SO ORDERED.

Dated: July 3, 2013 s/Laura D. Millman Laura D. Millman Special Master