Saunders v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-184 Filed: December 12, 2014 * * * * * * * * * * * * * * * * UNPUBLISHED THOMAS SAUNDERS and ASHLEY * SAUNDERS, as Parents and Next Friends of * T.A.S., a minor, * * Special Master Dorsey Petitioners, * * v. * * Joint Stipulation on Damages; SECRETARY OF HEALTH * Influenza (Flu) vaccine; AND HUMAN SERVICES, * Acute Disseminated * Encephalomyelitis (ADEM).

Respondent. * * * * * * * * * * * * * * * * * * Bryant L. Lewis, Lewis & Johnson, Attorneys at Law, Knoxville, TN, for petitioners.

Glenn MacLeod, United States Department of Justice, Washington, DC, for respondent.

DECISION1 On March 5, 2014, Thomas and Ashley Saunders (“petitioners”) filed a petition, on behalf of their minor child, T.A.S., pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioners alleged that their child developed acute disseminated encephalomyelitis (“ADEM”) as a result of an influenza (“flu”) vaccination that he received on October 17, 2012. See Petition at 1. Petitioners further alleged that he 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).

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, 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.

experienced the residual effects of these injuries for more than six months. Id. at 3.

On December 12, 2014, the parties filed a stipulation, stating that a decision should be entered awarding compensation.

Respondent denies that the injury alleged or any other injury was caused-in-fact by T.A.S.’s October 17, 2012 influenza vaccine and denies that his current disabilities are sequelae of this 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 stipulated that petitioner shall receive the following compensation: A lump sum of $160,000.00, in the form of a check payable to petitioners, as parents and legal representatives of T.A.S., a minor, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

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

Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review.