David Gilchrist, Trustee of Lynne Gilchrist v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 12-302V Filed: April 11, 2013

_________________________________________ DAVID GILCHRIST, trustee of ) LYNNE GILCHRIST, )

) NOT TO BE PUBLISHED Petitioner, )

)

v. )

) Stipulation; influenza (flu) vaccine SECRETARY OF HEALTH ) Guillain-Barre Syndrome (“GBS”); AND HUMAN SERVICES, ) Attorneys’ Fees and Costs.

)

Respondent. )

_________________________________________) Randall G. Knutson, Farrish Johnson Law Office, Mankato, MN, for Petitioner. Claudia Gangi, United States Dep’t of Justice, Washington, DC, for Respondent.

DECISION 1

ZANE, Special Master.

On April 4, 2013, the parties in the above-captioned case filed a Stipulation memorializing their agreement as to the appropriate amount of compensation in this case. Petitioner, David Gilchrist, trustee of Lynne Gilchrist (“Mrs. Gilchrist”), alleged that Mrs. Gilchrist sustained Guillain-Barre Syndrome (“GBS”), which resulted in her death, that was caused-in-fact by her receipt on October 22, 2010 of the influenza (“flu”) vaccine, which is a vaccine contained in the Vaccine Injury Table, 42 C.F.R § 100.3(a). Petitioner also alleges that Mrs. Gilchrist’s death was caused by the vaccine and that she has not otherwise received compensation for such injuries. Petitioner seeks compensation related to Mrs. Gilchrist’s injuries and death pursuant to the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10 to 34.

Respondent denies that the vaccine caused Mrs. Gilchrist’s GBS or any other injury or her death. Nonetheless, the parties have agreed informally to resolve this matter. Stipulation, Appendix A hereto.

The court hereby ADOPTS the parties’ said Stipulation, attached hereto as Appendix A, and awards compensation in the amount and on the terms set forth therein. Specifically, Petitioner is awarded:

1) a lump sum of $235,000.00, in the form of a check payable to Petitioner as

Trustee of the Estate of Lynne Gilchrist. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a); and

2) a lump sum of $8,606.68 in the form of a check payable jointly to petitioner and petitioner’s attorney, Randall Knutson. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(e). The court thanks the parties for their cooperative efforts in resolving this matter. In the absence of a motion for review filed pursuant to RCFC, Appendix B, the Clerk is directed to enter judgment accordingly. 2

IT IS SO ORDERED. s/Daria J. Zane Daria J. Zane Special Master