Nancy Mangus, as Representative of the Estate of Jerry Mangus v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

************************* NANCY MANGUS, as Representative * of the ESTATE OF JERRY MANGUS, *

* No. 12-620V

Petitioner, * Special Master Christian J. Moran

* v. * Filed: May 2, 2013

* SECRETARY OF HEALTH * Stipulation; influenza (flu) vaccine; AND HUMAN SERVICES, * Guillain-Barré syndrome (GBS);

* death

Respondent. *

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

UNPUBLISHED DECISION1

Gil L. Daley, II, Law Office of Gil L. Daley, II, P.C., Fort Worth, TX, for Petitioner; Justine E. Daigneault, U.S. Department of Justice, Washington, D.C., for Respondent.

On April 30, 2013, respondent filed a joint stipulation concerning the petition for compensation filed on behalf of the estate of Jerry Mangus on September 20, 2012. The petition seeks compensation for Jerry Mangus’s injury and death, which petitioner alleges were caused by his receipt of the trivalent influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a).

Mr. Mangus received a flu vaccination on October 6, 2010. Petitioner alleges that Mr. Mangus suffered from Guillain-Barré Syndrome (“GBS”) as a result of receiving the flu vaccine, and that he subsequently died as a result of his alleged vaccine-related injury. Petitioner represents that there has been no prior award or settlement of a civil action for damages on behalf of Mr. Mangus as a result of his alleged injury or his death.

Respondent denies that the flu immunization caused Mr. Mangus’s alleged GBS or any other injury, and denies that the flu immunization caused his death.

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, on the terms set forth therein.

Damages awarded in that stipulation include:

A lump sum payment of $190,000.00 in the form of a check payable to petitioner as conservator/legal representative of Jerry Mangus’s estate. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa- 15(a).

In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 12-620V 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