United States Court of Federal Claims, 2014

Barbera v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided July 22, 2014 · Thomas L. Gowen

Opinion

IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

No. 13-141V Filed: June 27, 2014 (Not to be published)

************************* KIMBERLY D. BARBERA, *

* Petitioner, *

v. * Stipulation; Flu; Granuloma

* Annulare; Arm and Shoulder SECRETARY OF HEALTH * Injury; Attorney’s Fees and Costs AND HUMAN SERVICES, *

* Respondent. *

**************************** Carol L. Gallagher, Esq., Carol L. Gallagher, Esquire, LLC, Linwood, NJ, for petitioner. Althea Davis, Esq., U.S. Dept. of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1 Gowen, Special Master:

Kimberly D. Barbera [“petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program2 on February 25, 2013. Petitioner alleges that she suffered from granuloma annulare, left arm and shoulder tingling, numbness, pain and itchiness that were caused in fact by a flu vaccination she received on October 21, 2011. See Stipulation, filed June 27, 2014, at ¶¶ 2, 4. Further, petitioner alleges that she experienced residual effects of her injury for more than six months. Id. at ¶ 4. Respondent denies that the flu vaccine caused petitioner’s granuloma annulare, scarring, or her left arm and shoulder injury, or any other injury, or her current disabilities. Stipulation at ¶ 6.

Nevertheless, the parties have agreed to settle the case. On June 27, 2014, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms.

Respondent agrees to pay petitioner:

(a) A lump sum of $15,000.00 in the form of a check payable to petitioner, Kimberly D. Barbera. This amount represents compensation for all damages that would be available under § 300aa- 15(a).

(b) A lump sum of $27, 569.58 in the form of a check payable jointly to petitioner and petitioner’s attorney, Carol Gallagher, for attorney’s fees and costs available under § 300aa-15(e); and, in compliance with General Order #9, no out-of-pocket expenses were incurred by petitioner in proceeding on the petition.

The special master adopts the parties’ stipulation attached hereto, and awards compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen Special Master

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to 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)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2006). 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review.

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