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Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-318V Filed: April 29, 2014 * * * * * * * * * * * * * * * * UNPUBLISHED ROBERT SEARLES, an Individual, * Husband, and Personal Representative of * BROOKE SEARLES, * * Special Master Dorsey Petitioner, * * Joint Stipulation on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

Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this ruling on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b).

The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.

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 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.

On July 22, 2013, petitioner’s counsel moved to amend the caption to reflect that Robert Searles (“petitioner”) had been granted power of attorney over his wife, Brooke Searles. The motion was granted. See Order, dated July 25, 2013, at 1.

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

Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review.

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