Hood v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-748V (Not to be published) ************************* * GREGORY HOOD, * * Filed: May 23, 2014 Petitioner, * * Decision by Stipulation; Damages; v. * Influenza (“Flu”) Vaccine; Brachial * Neuritis * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * * ************************* Christopher J. Maley, Maley and Maley, PLLC, Burlington, VT, for Petitioner.

Heather Pearlman, U.S. Dep’t of Justice, Washington, DC, for Respondent DECISION AWARDING DAMAGES 1 On September 27, 2013, Petitioner Gregory Hood filed an action seeking compensation under the National Vaccine Injury Compensation Program (the “Vaccine Program”). 2 Petitioner alleges that he suffered brachial neuritis as a result of receiving an influenza (“flu”) vaccine.

Because this decision contains a reasoned explanation for my action in this case, I will post this decision 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 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the published decision’s inclusion of certain kinds of confidential information. Specifically, under 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 whole decision will be available to the public. (Id.) 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.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa.

Respondent denies that Petitioner’s brachial neuritis or any related medical problems were caused by his receipt of the flu vaccine. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation filed May 23, 2014 that the issues before them can be settled, and that a decision should be entered awarding Petitioner compensation.

I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein.

The stipulation awards: a) A lump sum payment of $2,256.36, representing compensation for satisfaction of the State of Vermont Medicaid lien, in the form of a check payable jointly to petitioner and: Department of Vermont Health Access HP-Financial Services P.O. Box 1645 Williston, VT 05495 Petitioner agrees to endorse this payment to the Department of Vermont Health Access; and b) A lump sum of $250,000.00, in the form of a check payable to Petitioner Gregory Hood. This amount represents compensation for all remaining damages that would be available under 42 U.S.C. § 300aa-15(a).

Stipulation ¶ 8.

I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith. 3

IT IS SO ORDERED.

/s/ Brian H. Corcoran Brian H. Corcoran Special Master

Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly (or separately) filing notice(s) renouncing their right to seek review.