Metcalf v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13-65V

Filed: September 15, 2014

Not for Publication

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PAMELA METCALF, * *

Petitioner, * * * Damages decision based on stipulation; v. * influenza (flu) vaccine; chronic * inflammatory demyelinating polyneuropathy SECRETARY OF HEALTH * (CIDP) AND HUMAN SERVICES, * *

Respondent. * * *************************************

Ronald C. Homer, Boston, MA, for petitioner.

Lara A. Englund, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES1

On September 15, 2014, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered chronic inflammatory demyelinating polyneuropathy (“CIDP”) that was caused by her October 28, 2010, receipt of influenza (“flu”) vaccine. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Respondent denies that the flu vaccine caused petitioner’s alleged CIDP, any other injury, or her current condition. Nonetheless, the parties agreed to resolve this matter informally.

The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards: a. a lump sum of $368,552.68, in the form of a check payable to petitioner; b. a lump sum of $366,787.59, representing reimbursement of a Network Health lien, in the form of a check payable jointly to petitioner and

Network Health

101 Station Landing, 4th Floor

Medford, MA 02155

Attn: Cathy K. Faherty – Claims Recovery

Petitioner agrees to endorse this check to Network Health; c. a lump sum of $11,846.61, representing reimbursement of a Commonwealth of Massachusetts Medicaid lien, in the form of a check made payable jointly to petitioner and COMMONWEALTH OF MASSACHUSETTS – CRU

COMMONWEALTH OF MA

Casualty Recovery

P.O. Box 417811

Boston, MA 02241-7811

Attn: Robin Richard

Petitioner agrees to endorse this check to the Commonwealth of Massachusetts; d. a lump sum of $9,336.30, representing reimbursement of a Boston Medical Center HealthNet Plan lien, in the form of a check payable jointly to petitioner and Boston Medical Center HealthNet Plan

Two Copley Place, Suite 600

Boston, MA 02116

Attn: Kelvin Britto

Petitioner agrees to endorse this check to Boston Medical Center HealthNet Plan; and e. an amount sufficient to purchase the annuity contract described in paragraph 10 of the attached stipulation, paid to the life insurance company from which the annuity will be purchased.

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.2

IT IS SO ORDERED.

Dated: September 15, 2014 s/ Laura D. Millman Laura D. Millman Special Master