Ladner v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 11-763V Filed: November 4, 2014 Not for Publication

************************************* GREGORY H. LADNER, * * Petitioner, * Damages decision based on stipulation; * trivalent influenza (flu) vaccine; allergic v. * reaction; chronic neuropathies; chronic * inflammatory demyelinating polyneuropathy SECRETARY OF HEALTH * (CIDP) AND HUMAN SERVICES, * * Respondent. * * ************************************* Jill M. Follows, Washington, DC, for petitioner.

Glenn A. MacLeod, Washington, DC, for respondent.

MILLMAN, Special Master DECISION AWARDING DAMAGES1 On November 4, 2014, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that he suffered “immediate allergic reactions and symptoms as well as chronic neuropathies,” including chronic inflammatory demyelinating polyneuropathy (“CIDP”), that was caused by his October 14, 2011, receipt of trivalent influenza (“flu”) vaccine. Petitioner further alleges that he suffered the residual effects of this injury for more than six months. Respondent denies that the flu vaccine caused petitioner’s CIDP or any other injury, and further denies that his current disabilities are a sequela Because this unpublished decision contains a reasoned explanation for the special master's action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to delete such information prior to the document=s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall delete such material from public access. of a vaccine-related injury. 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 $2,762.31, representing reimbursement of a lien for services rendered on behalf of petitioner. The award shall be in the form of a check for $2,762.31 made payable jointly to petitioner and The Commonwealth of Pennsylvania Bureau of Program Integrity Division of Third Party Liability Recovery Section P.O Box 8486 Harrisburg, PA 17105-8486 Petitioner agrees to endorse this check to the Pennsylvania Medicaid Agency; and b. a lump sum of $18,000.00, representing compensation for all remaining damages that would be available under 42 U.S.C. § 300aa-15(a) (2006). The award shall be in the form of a check for $18,000.00 made payable to petitioner.

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: November 4, 2014 s/ Laura D. Millman Laura D. Millman Special Master

Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review.