United States Court of Federal Claims, 2013

William Jeffrey Bishop v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided March 27, 2013

Opinion

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

No. 11-137V Filed: March 27, 2013

**************************** WILLIAM JEFFREY BISHOP, *

* Petitioner, * Stipulation; Influenza; Meningococcal; v. * Inactivated polio; DTaP; Hepatitis A;

* Hepatitis B; MMR; Splenic rupture *

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

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

DECISION ON JOINT STIPULATION1

Vowell, Special Master:

William Bishop [“petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program2 on March 4, 2011. Petitioner alleges he suffered from a splenic rupture, sciatic nerve damage, hearing loss, protruding discs, and sacrum tear as a result of the influenza, meningococcal, inactivated polio, DTaP vaccinations he received on March 6, 2008 and/or the hepatitis A, hepatitis B, and MMR vaccinations he received on March 10, 2008. See Stipulation, filed Mar. 27, 2013, at ¶¶ 2, 4. Petitioner further alleges that he experienced residual effects of his injuries for more than six months. Id. at ¶ 4. Respondent denies that petitioner’s March 6, 2008 or March 10, 2008 vaccinations are the cause of his splenic rupture, sciatic nerve damage, hearing loss, protruding discs, or a sacrum tear. Id. at ¶ 6.

Nevertheless, the parties have agreed to settle the case. On March 27, 2013, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to pay petitioner:

A lump sum of $5,000.00 in the form of a check payable to petitioner, William Jeffrey Bishop. This amount represents compensation for all 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 Special Master

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in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. 2 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). 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review.

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