Vicki Combs v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 11-425V Filed: April 3, 2013 Not for Publication

************************************* VICKI COMBS, * * Petitioner, * * Damages decision based on v. * stipulation; influenza vaccine; * Guillain-Barré syndrome; fees and SECRETARY OF HEALTH * costs based on stipulation AND HUMAN SERVICES, * * Respondent. * * ************************************* Jack G. Leader, Rock Hill, SC, for petitioner.

Julia Wernett McInerny, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS 1 On April 3, 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 following her receipt of influenza vaccine on October 8, 2010. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Respondent denies that petitioner’s Guillain-Barré syndrome, or any other injury, was caused in fact by the influenza vaccine. Nonetheless, the parties agreed to resolve this matter informally.

Because this unpublished decision contains a reasoned explanation for the special master's action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims's website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact such information prior to the document=s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall redact such material from public access.

The court finds the terms to be reasonable, hereby adopts the parties’ stipulation, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards: a. A lump sum of $140,000.00, representing compensation for damages that would be available under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check for $140,000.00 made payable to petitioner; and b. A lump sum of $181,053.22, representing compensation for past unreimbursed expenses pursuant to 42 U.S.C. § 300aa-15(a). Petitioner agrees to endorse this payment to the Valley Nursing Center. The award shall be in the form of a check for $181,053.22 made payable jointly to petitioner and Valley Nursing Center N. Carolina 16 Taylorsville, NC 28681-9986 Attn: Sheila Carlson The parties have also agreed on an appropriate amount for attorneys’ fees and costs in this case. In accordance with the General Order #9 requirement, petitioner’s counsel asserts that petitioner did not incur any costs to pursue her petition.

Petitioner requests $23,702.62 in attorneys’ fees and costs to which respondent does not object. The undersigned finds this amount to be reasonable. Accordingly, the court awards $23,702.62, representing reimbursement for attorneys’ fees and costs. The award shall be in the form of a check made payable jointly to petitioner and Elrod Pope Law Firm, in the amount of $23,702.62.

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: April 3, 2013 /s/ Laura D. Millman Laura D. Millman Special Master

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