Myrtle Bottorf v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

************************* MYRTLE BOTTORF, *

* No. 12-351V

Petitioner, * Special Master Christian J. Moran

* v. * Filed: March 1, 2013

* SECRETARY OF HEALTH * Stipulation; influenza (flu) vaccine; AND HUMAN SERVICES, * progressive polyneuropathy; attorneys’

* fees and costs

Respondent. *

*************************

UNPUBLISHED DECISION1

Randall G. Knutson, Farrish Johnson Law Office, Mankato, MN, for Petitioner; Lisa A. Watts, U.S. Department of Justice, Washington, D.C., for Respondent.

On February 28, 2013, the respondent filed a joint stipulation concerning the petition for compensation filed by Myrtle Bottorf. In her petition, Ms. Bottorf alleges that the influenza (“flu”) vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received on October 7, 2009, caused her to suffer a progressive polyneuropathy. Petitioner further alleges that she experienced residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition.

Respondent denies that the flu vaccine caused petitioner’s progressive polyneuropathy, or any other injury, and further denies that her current disabilities are sequelae of her alleged vaccine-related injuries.

Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages and attorneys’ fees and costs, on the terms set forth therein.

Compensation awarded in that stipulation includes:

A. A lump sum payment of $100,000.00 in the form of a check payable to Myrtle

Bottorf, petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. §300aa-15(a); and

B. A lump sum of $8,082.52 in the form of a check payable jointly to petitioner and petitioner’s attorney, Randall Knutson, for attorneys’ fees and costs available under 42 U.S.C. §300aa-15(e), and, in compliance with General Order #9, no out-of-pocket expenses were incurred by petitioner in proceeding on the petition.

In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 12-351V according to this decision and the attached stipulation.2

Any questions may be directed to my law clerk, Jay All, at (202) 357-6353. IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master