Erdmann v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-365V (Not to be published)

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* CATHY ERDMANN, * Filed: January 13, 2015

* Petitioner, *

* Decision by Stipulation; Damages; v. * Attorneys’ Fees and Costs;

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

* Respondent. *

* ***************************** Mark L. Krueger, Krueger & Hernandez, S.C., Baraboo, WI, for Petitioner.

Lindsay Corliss, U.S. Dep’t of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS1 On April 30, 2014, Cathy Erdmann 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 September 24, 2013 she suffered from Guillain-Barré syndrome (“GBS”) and that she experienced the residual effects of this injury for more than six months.

Respondent denies that the flu vaccine is the cause of Petitioner’s alleged GBS, and/or any other injury, or her current condition. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed January 13, 2015) that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation.

In a separate stipulation (filed on December 22, 2014), the parties indicated that they had reached an agreement regarding attorneys’ fees and costs. The stipulation laid out the amount of compensation that should be awarded to Petitioner’s attorney in the form of a check made payable jointly to Petitioner and Petitioner’s counsel. In compliance with General Order #9, it also indicated that no out-of-pocket litigation related costs had been incurred by Petitioner in proceeding on the petition.

I have reviewed the file, and based upon that review, I conclude that the parties’ stipulations are reasonable. I therefore adopt them as my decision in awarding damages, and attorneys’ fees and costs, on the terms set forth therein.

The stipulations award:

 A lump sum of $285,000.00 in the form of a check payable to Petitioner. The amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation (ECF No. 19) ¶ 8.

 A lump sum of $17,036.83 in the form of a check payable jointly to Petitioner and Petitioner’s attorney, for attorneys’ fees and costs available under 42 U.S.C. § 300aa-15(e). Stipulation of Facts Concerning Final Attorneys’ Fees and Costs (ECF No. 16) ¶ 2.

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