Kennedy v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-144V Filed: September 15, 2014 Not for Publication

************************************* FAY KENNEDY, *

*

Petitioner, *

* Damages decision based on v. * stipulation; influenza (flu) vaccine;

* Guillain-Barré Syndrome (GBS); SECRETARY OF HEALTH * transverse myelitis (TM); fees and AND HUMAN SERVICES, * costs decision based on stipulation

*

Respondent. *

*

************************************* Danielle A. Strait, Washington, DC, for petitioner.

Alexis B. Babcock, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS 1

On September 12, 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 from Guillain-Barré Syndrome (“GBS”) or transverse myelitis (“TM”) as a result of her receipt of influenza (“flu”) vaccine on October 15, 2012. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Respondent denies that petitioner’s flu vaccination caused her GBS and/or TM, any other injury, or her current condition. Nonetheless, the parties agreed to resolve this matter informally.

The court finds the terms of the stipulation to be reasonable, hereby adopts the parties’ stipulation, and awards compensation in the amount and on the terms set forth therein. Pursuant to the attached stipulation, the court awards $160,000.00 for reimbursement for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2006).

The parties have also agreed on an appropriate amount for attorneys’ fees and costs in this case. In accordance with General Order #9, petitioner asserts that she did not incur out-of- pocket expenses in pursuit of her petition. Petitioner requests $12,898.09 in attorneys’ fees and costs. Respondent does not object to this amount. The undersigned finds this amount to be reasonable.

In sum, the court awards: a. a lump sum of $160,000.00, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check made payable to petitioner in the amount of $160,000.00; and

b. a lump sum of $12,898.09, representing reimbursement for attorneys’ fees and costs.

The award shall be in the form of a check made payable jointly to petitioner and Maglio, Christopher & Toale in the amount of $12,898.09.

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