Stauffer v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

******************** * RITA STAUFFER, *

* No. 13-93V Petitioner, * Special Master Christian J. Moran

* v. * Filed: December 18, 2014

* SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * Guillain-Barré syndrome (“GBS”).

* Respondent. *

******************** * Danielle A. Strait, Maglio, Christopher & Toale,Washington, DC, for Petitioner; Michael P. Milmoe, U.S. Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1

On December 17, 2014, the parties filed a joint stipulation concerning the petition for compensation filed by Rita Stauffer on February 1, 2013. In her petition, petitioner alleged that the influenza vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received on September 6, 2011, caused her to suffer Guillain-Barré Syndrome (“GBS”). Petitioner further alleges that she suffered 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 on her behalf as a result of her condition.

Respondent denies that the influenza vaccine caused petitioner to suffer GBS or any other injury.

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. a lump sum payment of 10,596.52, which amount represents the reimbursement of a Commonwealth of Pennsylvania Medicaid lien, in the form of check payable jointly to petitioner, and

Pennsylvania Department of Public Welfare Bureau of Program Integrity Division of Third Party Liability Recovery Section P.O. Box 8486 Harrisburg, PA 17105-8486 Attn: Susan E. Naylor Petitioner agrees to endorse this check to the appropriate State agency.

B. a lump sum payment of $110,000.00 in the form of a check payable to Rita Stauffer. 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 13-93V 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