Newman v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-63V Filed: October 8, 2014

* * * * * * * * * * * * * * * * UNPUBLISHED SEAN NEWMAN, *

* Special Master Dorsey Petitioner, *

*

v. *

* Joint Stipulation on Damages; SECRETARY OF HEALTH * Influenza (Flu) vaccine; Guillain- AND HUMAN SERVICES, * Barré Syndrome (GBS); Attorneys’

* Fees and Costs; Reasonable Amount Respondent. * which Respondent Does not Object.

*

* * * * * * * * * * * * * * * * Maximillian J. Muller, Muller, Brazil, LLP, Philadelphia, PA, for petitioner.

Justine E. Daigneault, United States Department of Justice, Washington, DC, for respondent.

DECISION1

On January 24, 2014, Sean Newman (“petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that he developed Guillain-Barré syndrome (“GBS”) that was caused in fact by an influenza (“flu”) vaccination that he received on February 10, 2011. See Petition at 1-2. Petitioner further alleged that he experienced the residual effects of these injuries for more than six months. Id. at 3.

On October 7, 2014, the parties filed a stipulation, stating that a decision should be entered awarding compensation.

Respondent denies that the influenza immunization caused petitioner’s GBS or any other injury or his current condition. 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) A lump sum of $125,000.00, in the form of a check payable to petitioner. This amount represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

(b) A lump sum of $18,117.45, in the form of a check payable jointly to petitioner and petitioner’s counsel, Maximillian J. Muller, Esq., at Muller Brazil, LLP, for attorneys’ fees and costs available under 42 U.S.C. § 300aa-15€; and, in compliance with General Order #9, no out-of-pocket expenses were incurred by petitioner in proceeding on the petition.

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