Zimmer v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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LORA ANNE ZIMMER, * * No. 13-423V Petitioner, * Special Master Christian J. Moran * v. * Filed: May 2, 2014 *

SECRETARY OF HEALTH * Stipulation; Influenza vaccine; AND HUMAN SERVICES, * swelling, paresthesias, and arthritis *

Respondent. * *********************

Mark T. Sadaka, Sadaka & Associates, Englewood, NJ, for Petitioner; Alexis Babcock, U.S. Department of Justice, Washington, D.C., for Respondent.

UNPUBLISHED DECISION1

On May 1, 2014, respondent filed a joint stipulation concerning the petition for compensation filed by Lora Zimmer on June 26, 2013. In her petition, petitioner alleged that the influenza vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received on November 17, 2010, caused her to suffer from a vaccine-induced allergic reaction resulting in bilateral upper extremity swelling, paresthesias, and arthritis. Petitioner further alleges that she experienced the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of her alleged injury.

Respondent denies that petitioner’s alleged injuries were caused-in-fact by her influenza vaccination, and denies that the vaccine caused any other injury or her current condition.

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 of $20,000.00 in the form of a check payable to petitioner, Lora Anne Zimmer. 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 13-423V according to this decision and the attached stipulation.2

IT IS SO ORDERED. s/ Christian J. Moran Christian J. Moran Special Master