Joiner v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

********************* ROBERT JOINER, *

* No. 12-583V Petitioner, * Special Master Christian J. Moran

* v. * Filed: July 11, 2014

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

* (“GBS”).

Respondent. *

********************* Diana Stadelnikas Sedar, Maglio, Christopher & Toale, Sarasota, FL, for Petitioner; Julia W. McInerny, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1

On July 9, 2014, respondent filed a joint stipulation concerning the petition for compensation filed by Robert Joiner on September 10, 2012. In his petition, Mr. Joiner alleged that the seasonal influenza (“flu”) vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on October 16, 2009, caused him to suffer Guillain-Barré Syndrome (“GBS”). Petitioner further alleges that he experienced the residual effects of this condition for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of his condition.

Respondent denies that the flu vaccine caused petitioner’s GBS or any other injury.

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 $155,000.00 in the form of a check payable to petitioner, Robert Joiner. 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 12-583V 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