United States Court of Federal Claims, 2014

Davis v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided November 24, 2014 · Nora Beth Dorsey

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 13-974V Filed: November 3, 2014

* * * * * * * * * * * * * * * * UNPUBLISHED ANGEL DAVIS, *

* Special Master Dorsey Petitioner, *

v. *

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

* and Costs; Reasonable Amount to Respondent. * Which Respondent does not Object.

* * * * * * * * * * * * * * * * Mark L. Krueger, Krueger & Hernandez, S.C., Baraboo, WI, for petitioner.

Althea Walker Davis, United States Department of Justice, Washington, DC, for respondent.

DECISION1

On December 11, 2013, Angel Davis (“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 she suffered Guillain-Barré syndrome (GBS) as a result of an influenza (“flu”) vaccination that she received on December 16, 2010. See Petition at 1. Petitioner further alleged that she experienced the residual effects of these injuries for more than six months. Id.

On November 3, 2014, the parties filed a stipulation, stating that a decision should be entered awarding compensation.

Respondent denies the flu vaccine caused petitioner’s Guillain-Barre syndrome or any other injury or her current disabilities. 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 $67,500.00, 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 $5,000.00, representing compensation for satisfaction of the State of

Illinois Medicaid lien, in the form of a check payable jointly to petitioner and Illinois Department of Healthcare and Family Services Bureau of Collections Technical Recovery Section P.O. Box 19174 Springfield, Illinois 62794-9174 Case No. 04-091-0000093585 Attn: Kevin Thorton Petitioner agrees to endorse this payment to the Illinois Department of Healthcare and Family Services, Bureau of Collections; and

(c) A lump sum of $8,667.06, in the form of a check payable jointly to petitioner and petitioner’s attorney, Mark Krueger, for attorney’s fees and costs available under 42 U.S.C. § 300aa-15(e), 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

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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