United States Court of Federal Claims, 2014

Watkins v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided September 17, 2014 · Thomas L. Gowen

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 10-636V Filed: August 25, 2014

* * * * * * * * * * * * * * * * UNPUBLISHED LINDA WATKINS, *

* Special Master Gowen Petitioner, *

* Joint Stipulation on Damages; v. * Influenza (Flu) Vaccine; Tetanus

* Diptheria (Td) Vaccine; SECRETARY OF HEALTH * Anaphylaxis; Anaphylactic Shock; AND HUMAN SERVICES, * Injury to Respiratory Tract and

* Esophagus; Brachial Neuritis. Respondent. *

* * * * * * * * * * * * * * * * Christopher T. Castro, Galloway, Jefcoat LLP, Lafayette, LA, for petitioner.

Lisa Watts, United States Department of Justice, Washington, DC, for respondent.

DECISION 1

On September 22, 2010, Linda Watkins (“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 suffered from anaphylaxis or anaphylactic shock, injuries to her respiratory tract and esophagus, and brachial neuritis as a result of receiving a pneumococcal vaccine (“Pneumovax”), 3 a tetanus diphtheria (“Td”) vaccine, and an influenza (“flu”) vaccine on October 1, 2007. See Petition at 1.

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

Respondent denies that the flu vaccine or the Td vaccine caused petitioner’s alleged anaphylaxis, anaphylactic shock, injuries to her respiratory tract and esophagus, brachial neuritis, or any other injury, and further denies that petitioner’s 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 $50,000.00, 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).

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. 4

IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen Special Master

1 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). 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. §§ 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. 3 Petitioner may not receive compensation under the Act for injuries caused by the Pneumovax vaccine, because, unlike a pneumococcal conjugate vaccine, it is not covered under the Vaccine Injury Table. 42 C.F.R. 100.3(a)(XII). 4 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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