Elizabeth D. Hutcheison v. Secretary of Health and Human Services

IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 12-580V Filed: October 11, 2013 **************************** ELIZABETH D. HUTCHEISON, * * Petitioner, * v. * Stipulation; Influenza (Flu) Vaccine; * Transverse Myelitis (TM). * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * **************************** Terry R. Noffsinger, Esq., Noffsinger Law, P.C., Westfield, IN, for petitioner.

Ryan D. Pyles, Esq., U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1 Vowell, Chief Special Master: Elizabeth Hutcheison [“petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program2 on September 10, 2012. Petitioner alleges that she suffered transverse myelitis as a result of an influenza vaccine she received on or about September 18, 2009. Stipulation, filed Oct. 11, 2013, at ¶ 2, 4.

Petitioner further alleges that she experienced the residual effects of this injury for more than six months. Id. at ¶ 4.

Respondent denies that petitioner’s influenza vaccination caused petitioner’s alleged transverse myelitis and/or any other injury. Id. at ¶ 6.

Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in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.

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).

Nevertheless, the parties have agreed to settle this case. On October 11, 2013, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms.

Respondent agrees to pay petitioner:  An amount sufficient to purchase the annuity contract described in paragraph 10 of the attached Stipulation, paid to the life insurance company from which the annuity will be purchased; and  A lump sum of $458,021.00, in the form of a check payable to petitioner, Elizabeth D. Hutcheison, representing all remaining compensation for damages that would be available under § 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 Chief Special Master

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