Gooden v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

********************* CAROLYN GOODEN, * No. 12-596V

Petitioner, * Special Master Moran

* v. * Filed: June 16, 2014

* SECRETARY OF HEALTH * Stipulation; Trivalent influenza AND HUMAN SERVICES, * (“flu”) vaccine; chronic inflammatory

Respondent. * demyelinating polyneuropathy ********************* (“CIDP”).

Lawrence R. Cohan, Esq., Anapol, Schwartz, et al., Philadelphia, PA, for Petitioner; Melonie J. McCall, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1

On June 11, 2014, respondent filed a joint stipulation concerning the petition for compensation filed by Carolyn Gooden on September 13, 2012. In her petition, Ms. Gooden alleged that the trivalent influenza (“flu”) vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received on February 24, 2010, caused her to suffer chronic inflammatory demyelinating polyneuropathy (“CIDP”). Petitioner further alleges that she experienced the effects from this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition.

Respondent denies that petitioner suffered CIDP, or any other injury that was caused by her flu vaccination. Respondent further denies that petitioner’s current disabilities were caused by her flu vaccination.

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 $460,000.00 in the form of a check payable to petitioner, Carolyn Gooden. 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 12-596V 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