Hubina v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS E-Filed: April 28, 2014 * * * * * * * * * * * * * * * JESSICA HUBINA * * No.11-708V * Petitioner, * Stipulation; * Meningococcal and v. * Influenza Vaccines; * Transverse Myelitis SECRETARY OF THE DEPARTMENT * OF HEALTH AND HUMAN SERVICES, * * Respondent. *

Michael London, New York, NY, for Petitioner * * * * * * * * * * * * * * *

Jennifer Reynaud, Washington, DC, for Respondent

UNPUBLISHED DECISION 1 On April 24, 2014, Respondent filed a joint stipulation concerning the petition for compensation filed by Lisa Hubina, on behalf of her minor child, Jessica, on October 26, 2011. 2 In her petition, Petitioner alleged that the Because this unpublished decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this order on the United States Court of Federal Claims website, 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). Otherwise, “the entire” order will be available to the public. Id. The undersigned issued an order re-captioning the case to reflect Jessica Hubina as the proper Petitioner on December 22, 2013. meningococcal and influenza vaccines, which are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received on November 20, 2008, caused her to develop acute disseminated encephalomyelitis (ADEM).

Petitioner filed an amended petition on November 27, 2012, alleging transverse myelitis (TM) as her vaccine-related injury. Petitioner represents that there has been no prior award or settlement of a civil action for damages on behalf as a result of Ms. Hubina’s alleged vaccine-related injury. Stipulation at ¶¶ 2, 4, 5.

Respondent denies that either the influenza or meningococcal vaccines caused Ms. Hubina to suffer TM or any other injury. 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: 8. A lump sum payment of $50,000.00 in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa- 15(a).

Stipulation at ¶8.

In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 11-708V according to this decision and the attached stipulation. 3 Any questions may be directed to my law clerk, Camille Collett, at (202) 357-6361.

IT IS SO ORDERED. s/Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman Special Master

Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge.