Kimbell v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS

********************* LINDA G. KIMBELL, * No. 13-936V * Petitioner, * Special Master Moran * v. * Filed: November 21, 2014 * SECRETARY OF HEALTH * Stipulation; meningococcal vaccine; AND HUMAN SERVICES, * transverse myelitis. * Respondent. * ********************* Susan Cremer, The Law Offices of Michael Lawson Neff, P.C., Atlanta, GA, for Petitioner; Lara Englund, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1 On November 13, 2014, respondent filed a joint stipulation concerning the petition for compensation filed by Linda Kimbell on November 26, 2013. In her petition, Ms. Kimbell alleged that the meningococcal vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received on July 19, 2011, caused her to develop transverse myelitis. Petitioner further alleges that she experienced the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of her condition.

Respondent denies that the meningococcal vaccine is the cause of petitioner’s transverse myelitis or any other injury or her current condition.

The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the party has 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website.

Nevertheless, the parties agree to the joint stipulation, attached hereto as “Appendix A.” The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

Damages awarded in that stipulation include: A lump sum of $50,000.00 in the form of a check payable to petitioner, Linda Kimbell. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 13-936V according to this decision and the attached stipulation.2 Any questions may be directed to my law clerk, Christina Gervasi, at (202) 357-6521.

IT IS SO ORDERED.

s/ Christian J. Moran Christian J. Moran Special Master

Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge.

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