United States Court of Federal Claims, 2014

Medina v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided July 30, 2014 · Lisa Hamilton-Fieldman

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 13-798V (E-Filed: July 9, 2014)

* * * * * * * * * * * * * * * CONNIE C. MEDINA, * UNPUBLISHED

* Petitioner, * Special Master

* Hamilton-Fieldman v. *

* Influenza Vaccination; SECRETARY OF HEALTH AND * Shoulder Injury; Decision; HUMAN SERVICES, * Stipulation.

* Respondent. *

* * * * * * * * * * * * * * * Andrew D. Downing, Van Cott & Talamante, PLLC, for Petitioner.

Gordon E. Shemin, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS1

On October 15, 2013, Petitioner, Connie C. Medina, filed a petition seeking compensation under the National Vaccine Injury Compensation Program (Athe Vaccine Program@). Petitioner alleged that she suffered a shoulder injury, as a result of receiving an influenza vaccination on October 16, 2010.2

Respondent denies that Petitioner’s influenza vaccination caused her shoulder injury and/or any other injury. Nonetheless, both parties, while maintaining their above stated positions, agreed in a Stipulation, filed July 9, 2014, (“Stipulation”) that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation.

The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

The stipulation awards:

A lump sum of $80,000.00 in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. §300aa-15(a) to which Petitioner would be entitled; and

Stipulation ¶ 8(a).

The parties further stipulated that they had reached the following agreement with respect to attorneys’ fees and costs:

A lump sum of $13,329.05, in the form of a check payable to Petitioner and Petitioner’s attorney, Andrew D. Downing, Esq., for attorneys’ fees and costs. In accordance with General Order No. 9, Petitioner represents that she incurred no out-of-pocket expenses in proceeding on the petition.

Stipulation ¶8(b).

The undersigned approves the requested amounts for Petitioner’s compensation. 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/Lisa D. Hamilton-Fieldman Lisa D. Hamilton-Fieldman Special Master

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends 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)). As provided by 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.” Otherwise, “the entire” decision will be available to the public. Id. 2 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, 42 U.S.C.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa. 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties= joint filing of notice renouncing the right to seek review.

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