Shelley Nelson, Individually v. Secretary of Health and Human Services

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In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 11-744V July 8, 2013 Not for Publication ***************************** SHELLEY NELSON, individually, * * Petitioner, * Damages decision based on * stipulation; influenza vaccine; v. * meningoencephalitis; optic * neuritis; attorneys’ fees and SECRETARY OF HEALTH * costs based on stipulation AND HUMAN SERVICES, * * Respondent. * * ***************************** Morgan R. Blackbourn, Seattle, WA, for petitioner.

Alexis B. Babcock, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS1 On July 8, 2013, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges she suffered meningoencephalitis and optic neuritis due to influenza vaccine which she received on November 5, 2008. Respondent denies that influenza vaccine caused petitioner’s alleged meningoencephalitis and optic neuritis.

Nonetheless, the parties agreed to resolve this matter informally.

The court finds the terms to be reasonable, hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. The parties have also agreed on an appropriate amount for attorneys’ fees and costs in this case. In Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact such information prior to the document=s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall redact such material from public access.

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accordance with General Order #9, petitioner’s counsel asserts that petitioner did not incur any costs to pursue her petition.

Pursuant to the stipulation, the court awards: a. A lump sum of $477,363.29, which amount represents compensation for first year life care expenses ($28,491.75), compensation for lost earnings ($248,261.00), pain and suffering ($190,000.00), and past unreimbursable expenses ($10,610.54), in the form of a check payable to petitioner; b. An amount sufficient to purchase an annuity contract subject to the conditions described in paragraph 10 of the stipulation; and c. A lump sum of $55,000.00 in the form of a check payable jointly to petitioner and Clausen Law Firm PLLC, for attorneys’ fees and costs available under 42 U.S.C. § 300aa-15(e).

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 8, 2013 s/Laura D. Millman Laura D. Millman Special Master

Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review.

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