Patterson v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-069V Filed: February 9, 2015

* * * * * * * * * * * * * * * * UNPUBLISHED FRANCES PATTERSON, administrator of * the estate of BRIAN PATTERSON, * Deceased, *

* Special Master Dorsey Petitioner, *

*

v. *

* Joint Stipulation on Damages; SECRETARY OF HEALTH * Influenza (Flu) vaccine; Tetanus- AND HUMAN SERVICES, * Diphteria-Acellular-Pertussis (Tdap)

* Vaccine; Guillain-Barre Syndrome Respondent. * (GBS); death.

*

* * * * * * * * * * * * * * * * Ronald Craig Homer, Conway, Homer & Chin-Caplan, PC, Boston, MA, for petitioner. Julia Wernett McInerny, United States Department of Justice, Washington, DC, for respondent.

DECISION1

On January 27, 2014, Frances Patterson (“petitioner”), the administrator of the estate of her late husband, Brian Patterson (“Brian”), filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner requested compensation for injury and death resulting from the administration of a tetanus-diphteria- acellular-pertussis (“Tdap”) vaccine to Brian. Petitioner amended her petition on October 7, 2014, stating that as a result of both an influenza (“flu”) vaccine that Brian received on November 10, 2011, and a Tdap vaccine he received on December 28, 2011, he suffered from Guillain-Barré syndrome (“GBS”) which ultimately resulted in his death on February 15, 2012. See Amended Petition at 1.

On February 9, 2015, the parties filed a stipulation, stating that a decision should be entered awarding compensation.

Respondent denies that the Tdap and/or flu vaccine caused Brian’s alleged GBS, any other injury, or death. 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 $320,000.00, in the form of a check payable to petitioner as legal representative of Brian Patterson’s estate. This amount represent 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