United States Court of Federal Claims, 2013

Ann McClenaghan, Administrator of the Estate of Madeline MacKay v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided December 19, 2013 · Special Master Hamilton-Fieldman

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS (E-Filed: December 19, 2013)

* * * * * * * * * * * * * ANN MCCLENAGHAN, * No. 12-757V Administrator of the Estate of * MADELINE MACKAY, Deceased, *

Petitioner, * Special Master

* Hamilton-Fieldman v. *

* Stipulated Decision; Influenza SECRETARY OF HEALTH * Vaccine; Guillain-Barre Syndrome AND HUMAN SERVICES, *

* Respondent. *

* * * * * * * * * * * * * Ronald C. Homer, Boston, MA, for Petitioner.

Tara J. Kilfoyle, Washington, DC, for Respondent.

UNPUBLISHED DECISION 1

On November 5, 2012, Ann McClenaghan (“Petitioner”), as administrator of the estate of Madeline MacKay, deceased, filed a petition seeking compensation under the National Vaccine Injury Compensation Program (the “Program”). 2

Petitioner alleges that as a result of a trivalent influenza vaccination Ms. MacKay received on October 21, 2010, Ms. Mackay developed Guillain-Barre Syndrome. Petitioner further alleges that Ms. Mackay’s death on November 11, 2010 was the sequela of her alleged vaccine-related injury.

Respondent denies that the flu vaccination caused Ms. MacKay’s Guillain-Barre Syndrome, and/or any other injury. Respondent further denies that Ms. MacKay experienced the residual effects of her alleged vaccine-related injury for more than six months, and denies that Ms. MacKay’s death was vaccine related.

On December 2, 2013, counsel for both parties filed a stipulation, stating that a decision should be entered awarding compensation. The parties stipulated that Petitioner shall receive the following compensation:

A lump sum of $ 302,500.00 in the form of a check payable to petitioner as legal representative of the estate of Madeline MacKay. This amount represents compensation for all damages that would be available under 42 U.S.C. §300aa-15(a) . . . .

Stipulation ¶ 8.

The parties further stipulated that they will submit to further proceedings to award reasonable attorney’s fees and costs incurred in proceeding upon this petition. Stipulation ¶9.

Pursuant to the attached Stipulation (Appendix A), the undersigned approves as reasonable the requested amount for Petitioner’s compensation. Accordingly, an award should be made in the form of a check payable to Petitioner in the amount of $302,500.00. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3

IT IS SO ORDERED. s/Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman Special Master

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends 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)). As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, “the entire” decision will be available to the public. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review.

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