Valdez v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-549V Filed: July 22, 2014 * * * * * * * * * * * * * * * * UNPUBLISHED TERESA VALDEZ, * * Special Master Dorsey Petitioner, * * Joint Stipulation on Damages; v. * Influenza (Flu) Vaccine; Trigeminal * Sensory Neuropathy; Vertigo; SECRETARY OF HEALTH * Attorneys’ Fees and Costs; AND HUMAN SERVICES, * Reasonable Amount Requested to * Which Respondent Does Not Object.

Respondent. * * * * * * * * * * * * * * * * * Andrew D. Downing, Hennelly & Steadman, PLC, Phoenix, AZ, for petitioner.

Melonie McCall, United States Department of Justice, Washington, DC, for respondent.

DECISION 1 On August 6, 2013, Teresa Valdez (“petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleges that she developed trigeminal sensory neuropathy and vertigo as a result of an influenza vaccine administered to her on November 29, 2011. Petition at 1, 3.

On July 21, 2014, the parties filed a stipulation in which they state that a decision should be entered awarding compensation and attorneys’ fees.

Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this ruling on the website of the United States Court of Federal Claims, 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.” Vaccine Rule 18(b).

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. §§ 300aa-1 to -34 (2006) (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.

Respondent denies that the flu vaccination caused petitioner’s trigeminal sensory neuropathy, vertigo, or any other injury. Nevertheless, the parties agree to the joint stipulation.

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

The parties stipulated that petitioner and her attorney shall receive the following compensation: A lump sum of $95,000.00, 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); and A lump sum of $12,500.00 in the form of a check payable jointly to petitioner and petitioner’s attorney, Andrew D. Downing, Esq., for attorneys’ fees and costs available under 42 U.S.C. § 300aa-15(e). In compliance with General Order No. 9, petitioner represents that she did not incur any personal expenses in proceeding on the petition.

Stipulation ¶ 8.

The undersigned approves the requested amount for petitioner’s compensation and for attorneys’ fees. Accordingly, an award should be made consistent with the stipulation.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3 IT IS SO ORDERED.

s/ Nora Beth Dorsey Nora Beth Dorsey Special Master

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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