Searles v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13-318V Filed: April 29, 2014

* * * * * * * * * * * * * * * * UNPUBLISHED ROBERT SEARLES, an Individual, * Husband, and Personal Representative of * BROOKE SEARLES, *

* Special Master Dorsey Petitioner, *

* Joint Stipulation on Damages; v. * Influenza (Flu) vaccine; Guillain-

* Barré Syndrome (GBS). SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

* * * * * * * * * * * * * * * * Daniel M. Graham, Torrance, CA, for petitioner.

Tara Kilfoyle, United States Department of Justice, Washington, DC, for respondent.

DECISION1 On May 6, 2013, Brooke Searles filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Ms. Searles alleged that she received an Influenza (“flu”) vaccine on October 18, 2011, and that she thereafter suffered from Guillain Barré Syndrome (“GBS”) which was caused in fact by the vaccination. See Petition at 1.3

On April 28, 2014, the parties filed a stipulation in which they agree that a decision should be entered awarding compensation.

Respondent denies that the flu vaccine caused Ms. Searles’ GBS and/or any other injury. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

The parties stipulated that petitioner shall receive the following compensation: a. A lump sum of $360,946.40, which amount represents compensation for first year life expenses ($134,674.80), lost earnings ($61,271.60), and pain and suffering ($165,000.00), in the form of a check payable to petitioner as guardian/conservator of the estate of Brooke Searles for the benefit of Brooke Searles. No payments shall be made until petitioner provides respondent with documentation establishing that he has been appointed as the guardian/conservator of Brooke Searles’ estate;

b. A lump sum of $32,044.46, which amount represents compensation for past unreimbursable expenses, in the form of a check payable to petitioner, Robert Searles;

c. A lump sum of $114,460.80, which amount represents reimbursement of a State of California lien, in the form of a check payable jointly to petitioner and

Department of Health Services Recovery Branch – MS 4720

P.O. Box 997421 Sacramento, CA 95899-7421

Attn: Mr. Ryan Swift Petitioner agrees to endorse this check to the State of California Department of Health Services;

d. An amount sufficient to purchase the annuity contract described in paragraph

10 below, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”).

Stipulation ¶ 8.

The undersigned approves the requested amount for petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.4

IT IS SO ORDERED. s/ Nora Beth Dorsey Nora Beth Dorsey Special Master