Jacques v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 13-638V Filed: March 20, 2014 Not for Publication

************************************* LAURA ANN JACQUES, *

*

Petitioner, *

* Damages decision based on v. * stipulation; influenza vaccine;

* shingles; fees and costs decision SECRETARY OF HEALTH * based on stipulation AND HUMAN SERVICES, *

*

Respondent. *

*

************************************* Jay A. Bansal, Tempe, AZ, for petitioner.

Lisa A. Watts, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS 1

On March 20, 2014, 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 shingles as a result of her receipt of influenza vaccine on September 25, 2012. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Respondent denies that petitioner’s shingles, or any other injury, was caused in fact by the influenza vaccine and further denies that petitioner’s current disabilities are sequelae of a vaccine-related injury. Nonetheless, the parties agreed to resolve this matter informally.

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 lump sum of $55,000.00, representing all damages that would be available under 42 U.S.C. § 300aa–15(a) (2012).

The parties have also agreed on an appropriate amount for attorneys’ fees and costs in this case. Petitioner requests $11,431.75 in attorneys’ fees and costs and $375.00 in petitioner’s out-of-pocket expenses. Respondent does not object to these amounts. The undersigned finds these amounts to be reasonable.

Accordingly, the court awards: a. a lump sum of $55,000.00, representing reimbursement 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 made payable to petitioner in the amount of $55,000.00.

b. a lump sum of $11,431.75, representing reimbursement for attorneys’ fees and costs.

The award shall be in the form of a check made payable jointly to petitioner and the Law Offices of Jay A. Bansal in the amount of $11,431.75.

c. a lump sum of $375.00, representing reimbursement for petitioner’s out-of-pocket expenses. The award shall be in the form of a check made payable to petitioner in the amount of $375.00.

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: March 20, 2014 /s/ Laura D. Millman

Laura D. Millman Special Master