Wolski v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

********************* CATHERINE WOLSKI, * No. 13-482V

* Petitioner, * Special Master Moran

* v. * Filed: March 6, 2015

* SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * vaccine-related neuritis and

* neuropathy; Guillain-Barré Respondent. * Syndrome (“GBS”).

********************* Isaiah Kalinowski, Maglio, Christopher and Toale, P.A., Washington, DC, for Petitioner; Traci Patton, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1

On February 23, 2015, respondent filed a joint stipulation concerning the petition for compensation filed by Catherine Wolski on July 17, 2013. In her petition, Ms. Wolski alleged that the influenza (“flu”) vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received on August 25, 2011, caused her to suffer vaccine-related neuritis and neuropathy or Guillain-Barré Syndrome (“GBS”). 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 vaccines caused petitioner to suffer neuritis, neuropathy, GBS, or any other injury or condition.

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 lump sum of $5,000.00 in the form of a check payable to petitioner, Catherine Wolski. 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 13-482V according to this decision and the attached stipulation.2

Any questions may be directed to my law clerk, Christina Gervasi, at (202) 357-6360.

IT IS SO ORDERED. s/ Christian J. Moran Christian J. Moran Special Master