Corona v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 12-106V

Filed: December 12, 2014

Not for Publication

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LUIS CORONA, * *

Petitioner, * Damages decision based on stipulation; * Hepatitis A and B vaccine; Guillain-Barré v. * Syndrome (GBS) *

SECRETARY OF HEALTH *

AND HUMAN SERVICES, * *

Respondent. * * *************************************

Anne C. Toale, Sarasota, FL, for petitioner.

Melonie J. McCall, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES1

On December 12, 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 Guillain-Barré Syndrome (“GBS”) that was caused by his April 18, 2010 receipt of Twinrix (Hepatitis A and B) vaccine. Petitioner further alleges that he suffered the residual effects of this injury for more than six months. Respondent denies that the Hepatitis A and B vaccine caused petitioner to suffer from GBS or any other injury and denies that his current disabilities are sequelae 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 $1,262,394.45, representing $246,600.13 for first-year life care plan expenses, $5,694.32 for past unreimbursable expenses, $235,000.00 for past and future pain and suffering, and $775,100.00 for past and future lost wages. The award shall be in the form of a check for $1,262,394.45 payable to petitioner; b. a lump sum of $644,239.12, representing reimbursement of a State of Connecticut Medicaid lien. The award shall be in the form of a check for $644,239.12 made payable jointly to petitioner and

Department of Administrative Services

State of Connecticut

165 Capitol Avenue

Hartford, CT 06106-1658.

Petitioner agrees to endorse this check to the Department of Administrative Services, State of Connecticut; and c. an amount sufficient to purchase the annuity contract described in paragraph 10 of the attached stipulation. The award shall be paid to the life insurance company from which the annuity will be purchased.

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: December 12, 2014 s/ Laura D. Millman Laura D. Millman Special Master