United States Court of Federal Claims, 2014

James v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided October 16, 2014 · Nora Beth Dorsey

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 11-626V Filed: September 23, 2014

* * * * * * * * * * * * * * * * UNPUBLISHED DIANE M. JAMES, *

* Special Master Dorsey Petitioner, *

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

* Myalgia, Arthralgia, Fibromyalgia. SECRETARY OF HEALTH * AND HUMAN SERVICES, *

Respondent. *

* * * * * * * * * * * * * * * * Ramon Rodriguez, III, Rawls, McNelis and Mitchell, P.C., Richmond, VA, for petitioner. Debra A. Filteau Begley, United States Department of Justice, Washington, DC, for respondent.

DECISION1

On September 30, 2011, Diane M. James (“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 permanent myalgia, arthralgia, and/or fibromyalgia that were caused in fact by the trivalent influenza (“flu”) vaccine administered to her on October 1, 2008. See Petition at 1. In the alternative, petitioner has proposed a significant aggravation claim. Petitioner further alleges that she has experienced the residual effects of these injuries for more than six months.

On September 23, 2014, the parties filed a stipulation, stating that a decision should be entered awarding compensation.

Respondent denies that petitioner’s alleged myalgia, arthralgia, and/or fibromyalgia, or any other condition, was caused in fact or significantly aggravated by her flu vaccination. 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 $90,000.00, 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.3

IT IS SO ORDERED. s/ Nora Beth Dorsey Nora Beth Dorsey 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 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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