Kazmierski v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13-606V Filed: October 30, 2014

* * * * * * * * * * * * * * * * UNPUBLISHED LEONARD KAZMIERSKI, *

* Special Master Hamilton-Fieldman Petitioner, *

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

* Barré syndrome (“GBS”). SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

* * * * * * * * * * * * * * * * Mark Paul Schloegel, Popham Law Firm, Kansas City, MO, for Petitioner. Lynn Ricciardella, United States Department of Justice, Washington, D.C., for Respondent.

DECISION 1 On August 23, 2013, Leonard Kazmierski (“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 suffered from Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered to him on September 1, 2010.

On October 30, 2014, the parties filed a stipulation in which they state that a decision should be entered awarding compensation.

Respondent denies that the flu vaccine caused Petitioner to suffer from GBS or any other injury, and denies that his current disabilities are sequelae of a vaccine-related injury. 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 stipulate that Petitioner shall receive the following compensation: A lump sum of $190,411.67, which amount represents compensation for first year life care expenses ($29,660.48) and pain and suffering ($160,751.19), in the form of a check payable to Petitioner; A lump sum of $46,061.87, which amount represents reimbursement of a State of Missouri Medicaid lien, in the form of a check payable jointly to Petitioner and

MO HealthNet Division Cost Recovery Unit P.O. Box 6500

Jefferson City, MO 65102-6500

DCN: 63830148 Petitioner agrees to endorse the check to the Missouri Department of Social Services, and An amount sufficient to purchase the annuity contract described in paragraph 10 of the parties’ stipulation, paid to the life insurance company from which the annuity will be purchased.

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/ Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman Special Master