United States Court of Federal Claims, 2013

Margaret Rouse, Daughter and of the Estate of Henry Sundermeyer v. Secretary of the Department of Health and Human Services

United States Court of Federal Claims · Decided July 3, 2013 · Special Master Vowell

Opinion

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF THE SPECIAL MASTERS

No. 12-439V Filed: July 3, 2013

******************************************************* MARGARET ROUSE, * Daughter and Executrix of the Estate of, * HENRY SUNDERMEYER, *

Petitioner, * Stipulation; Trivalent Influenza Vaccine;

* Significantly Aggravated COPD; Death

v. *

* SECRETARY OF THE DEPARTMENT OF * HEALTH AND HUMAN SERVICES *

Respondent. * ******************************************************* Thomas Gallagher, Esq., Gallagher Law Firm, Somers Point, NJ, for petitioner. Linda Renzi, Esq., US Dept. of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1 Vowell, Special Master:

Margaret Rouse [“petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program2 on behalf Henry Sundermyer [“vaccinee”] on July 9, 2012. Petitioner alleges that a flu vaccine administered on January 18, 2011, significantly aggravated the vaccinee’s underlying COPD and other pulmonary conditions and that the vaccinee subsequently died as a result of this alleged vaccine- related injury. See Stipulation, filed July 2, 2013, at ¶¶ 2, 4.

Respondent denies that influenza vaccine significantly aggravated any pre- existing condition of the vaccinee and denies that the vaccination caused any other injury or is the cause of the vaccinee’s death. Stipulation at ¶ 6. Nevertheless, the parties have agreed to settle the case. On July 2, 2013, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to pay petitioner:

A lump sum of $60,000.00 in the form of a check payable to petitioner, as conservator/legal representative of Henry Sundermyer’s estate. This amount represents compensation for all damages that would be available under § 300aa-15(a).

The special master adopts the parties’ stipulation attached hereto, and awards 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.3 IT IS SO ORDERED. s/ Denise K. Vowell Denise K. Vowell Special Master

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in accordance with the E- Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete 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 (2006). 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review.

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