Cook v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 12-824V (Not to be published)

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* KORNODA J. COOK, *

* Petitioner, * Filed: December 19, 2014

* v. * Decision by Stipulation; Damages;

* Influenza (“flu”) Vaccine; SECRETARY OF HEALTH * Guillain-Barré Syndrome (“GBS”). AND HUMAN SERVICES, *

* Respondent. *

* ************************* Reginald A. Greene, Greene Legal Group, LLC, Atlanta, GA, for Petitioner.

Debra A. Filteau Begley, U.S. Dep’t of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES1 On November 29, 2012, Kornoda J. Cook filed a petition seeking compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that as a result of receiving the influenza (“flu”) vaccine on November 10, 2011, she suffered from Guillain-Barré Syndrome (“GBS”) and its sequelae.

Respondent denies that the flu vaccine caused Petitioner’s GBS and residual effects. Respondent further denies that the flu vaccine caused Petitioner any other injury or her current condition. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed December 18, 2014) that the issues before them can be settled, and that a decision should be entered awarding Petitioner compensation.

I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein.

The stipulation awards:

 A lump sum of $15,000.00 in the form of a check payable to Petitioner. Stipulation ¶ 8. This amount represents compensation for all damages that would be available under 42 U.S.C. ' 300aa-15(a).

The parties also filed a second stipulation on December 18, 2014 providing that the parties had reached the following agreement with respect to attorney’s fees and costs:

 A lump sum of $10,000.00 in the form of a check payable jointly to petitioner and petitioner’s attorney, Reginald A. Greene, for [all] attorneys’ fees and costs available under 42 U.S.C. § 300aa-15(e).

Stipulation ¶ 6. The Stipulation also contained a statement in accordance with General Order #9 of the Vaccine Program indicating that Petitioner had incurred no reimbursable costs in pursuit of his claim. Stipulation ¶ 3.

I approve a Vaccine Program award in the requested amounts set forth above to be made to Petitioner. 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.3

IT IS SO ORDERED.

/s/ Brian H. Corcoran

Brian H. Corcoran Special Master