Wilson v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 10-483V Filed: July 28, 2014

* * * * * * * * * * * * * * * * SAMANTHA Y. WILSON, As Parent and * UNPUBLISHED Legal Representative of her minor daughter,* S.W., * Special Master Dorsey

*

Petitioner, * Joint Stipulation on Damages;

* Inactivated Polio Vaccine (“IPV”); v. * Diptheria-Tetanus-Acellular

* Pertussis (“DTaP”) Vaccine; SECRETARY OF HEALTH * Guillain Barré Syndrome (“GBS”); AND HUMAN SERVICES, * Chronic Inflammatory

* Demyelinating Polyneuropathy Respondent. * (“CIDP”).

* * * * * * * * * * * * * * * * Ramon Rodriguez, Rawls, McNelis and Mitchell, P.C., Richmond, VA, for petitioner. Glenn MacLeod, United States Department of Justice, Washington, DC, for respondent.

DECISION 1

On July 26, 2010, Samantha Y. Wilson (“petitioner”) filed a petition on behalf of her daughter, S.W., pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that S.W. received Inactivated Polio (“IPV”) and Diptheria-Tetanus-Acellular Pertussis (“DTaP”) vaccines on July 30, 2007, and that she thereafter suffered from Guillain Barré syndrome (“GBS”), or another neurological injury, which was caused in fact by the vaccinations. See Petition at 1-2.

On July 25, 2014, the parties filed a stipulation in which they agree that a decision should be entered awarding compensation.

Respondent denies that the DTaP and IPV vaccines caused S.W.’s alleged GBS and/or CIDP and/or any other injury, and further denies that her current disabilities are sequelae of a vaccine-related injury. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. 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 shall receive the following compensation:

A lump sum of $112,165.67, which amount represents reimbursement of a lien for services rendered on behalf of S.W., in the form of a check payable jointly to petitioner as guardian/conservator of S.W.’s estate, and

The State of Michigan P.O. Box 30053 Lansing, MI 48909 RE: [S.W.] Medicaid ID#: 0029044902 Petitioner agrees to endorse this payment to the Michigan Medicaid Agency; and A lump sum of $325,000.00, in the form of a check payable to petitioner, as guardian/conservator of the estate of S.W., which amount represents compensation for all other damages that would be available under 42 U.S.C. §300aa-15(a).

Stipulation ¶ 8.

The undersigned approves the requested amount for petitioner’s compensation. 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