Tillman v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 13-561V Filed: February 12, 2015

* * * * * * * * * * * * * * * * UNPUBLISHED JIMMY TILLMAN *

* Special Master Gowen Petitioner, *

* Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine;

* Guillian-Barré Syndrome SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

* * * * * * * * * * * * * * * * * Danielle A. Strait, Maglio Christopher & Toale, PA, Washington, D.C., for petitioner. Claudia B. Gangi, United States Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On August 8, 2013, Jimmy Tillman (“petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that as a result of receiving an influenza (“flu”) vaccine on November 7, 2011, he developed Guillain-Barré Syndrome (“GBS”). Stipulation ¶ 2, 4, filed Feb. 10, 2015. Further, petitioner alleged that he experienced residual effects of his injury for more than six months. Petition at ¶ 6.

On February 10, 2015, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that the flu vaccination caused petitioner’s GBS or any other injury, or his current condition. Stipulation at ¶ 6. 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 stipulate that petitioner shall receive the following compensation: a. A lump sum of $300.12 in the form of a check payable to the

Louisiana Department of Health and Hospitals/Medicaid, P.O. Box 3836, Baton Rouge, LA 70821-3836 Attention: Daniel L. Duhon

Petitioner agrees to endorse this payment to the State of Louisiana. This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Louisiana has made to or on behalf of Jimmy Tillman from the date of his eligibility for benefits through the date of judgment in this case as a result of his alleged vaccine-related injury suffered on or about December 16, 2011, under Title XIX of the Social Security Act; and

b. A lump sum of $131,464.23, in the form of a check payable to petitioner, Jimmy

Tillman. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

Stipulation at ¶ 8.

The undersigned approves the requested amount for petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation.

The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3

IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen Special Master