Carol Orsinger v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 12-686V

Filed: February 28, 2013

Not for publication

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CAROL ORSINGER, * *

Petitioner, * * Damages decision based on stipulation; v. * influenza vaccine; Guillain-Barré syndrome *

SECRETARY OF HEALTH *

AND HUMAN SERVICES, * *

Respondent. * * *************************************

Charles W. Marsar, Harrisburg, PA, for petitioner.

Lynn E. Ricciardella, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES1

On February 28, 2013, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered from Guillain-Barré syndrome (GBS) that was caused by her December 3, 2009 receipt of the influenza vaccine. Petitioner further alleges that she suffered the residual effects of GBS for more than six months. Respondent denies that petitioner’s GBS, or any other injury, was caused in fact by the influenza vaccine. Nonetheless, the parties agreed to resolve this matter informally.

The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the Court awards petitioner a lump sum of $100,000.00, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check for $100,000.00 made payable to petitioner.

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: February 28, 2013 /s/ Laura D. Millman Laura D. Millman Special Master