Burgess v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

********************* JUANITA BURGESS, * a single woman, * No. 11-739V

Petitioner, * Special Master Moran

* v. * Filed: June 16, 2014

* SECRETARY OF HEALTH * Stipulation; influenza vaccine; AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”).

Respondent. * ********************* Jay A. Bansal, Law Offices of Jay A. Bansal, Tempe, AZ, for Petitioner; Justine Daigneault, 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UNPUBLISHED DECISION1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 Juanita Burgess on November 4, 2011. In her petition, Ms. Burgess 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 6, 2008, caused her to suffer Guillain-Barré Syndrome (“GBS”). 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 the influenza vaccine caused petitioner to suffer from GBS or 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. A lump sum payment of $372,095.29, representing compensation for first year life care expenses ($127,714.07) and pain and suffering ($244,381.22), in the form of a check payable to petitioner Juanita Burgess; and

B. A lump sum payment of $70,589.91, representing reimbursement of a

State of Arizona lien, in the form of a check payable jointly to petitioner and

Recovery Management Systems

P.O. Box 32714 Phoenix, AZ 85064-2714 Attn: Mr. Victor Womack Mercy Care ID: A00293781-01

Petitioner agrees to endorse this check to Recovery Management Systems.

C. An amount sufficient to purchase the annuity contract described in paragraph 10 of the attached stipulation.

In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 11-739V 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