Cellana v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS ********************* PERRY CELLANA, * * No. 12-491V Petitioner, * Special Master Christian J. Moran * v. * Filed: May 21, 2014 * SECRETARY OF HEALTH * Stipulation; Influenza (“flu”) AND HUMAN SERVICES, * vaccine; autoimmune encephalitis; * seizure.

Respondent. * ********************* Elizabeth Muldowney, Rawls, McNelis & Mitchell, Richmond, VA, for Petitioner; Lisa A. Watts, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1 On May 20, 2014, respondent filed a joint stipulation concerning the petition for compensation filed by Perry Cellana on August 7, 2012. In his petition, Mr. Cellana alleged that the influenza (“flu”) vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on October 7, 2009, caused him to suffer from various neurologic injuries, to include autoimmune encephalitis and a seizure. Petitioner further alleges that he suffered the residual effects of his injuries for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition.

The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the party has 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website.

Respondent denies that the flu vaccine caused petitioner’s alleged autoimmune encephalitis, seizure, or any other injury, and further denies that petitioner’s current disabilities are sequelae of a vaccine-related 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: A lump sum of $180,000.00 in the form of a check payable to petitioner, Perry Cellana. 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 12-491V according to this decision and the attached stipulation.2 Any questions may be directed to my law clerk, Mary Holmes, at (202) 357- 6353.

IT IS SO ORDERED.

s/ Christian J. Moran Christian J. Moran 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.

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