Hussey v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

********************* SAMUEL HUSSEY, * No. 14-56V

* Special Master Moran Petitioner, *

* Filed: March 12, 2015 v. *

* SECRETARY OF HEALTH * Stipulation; influenza and Hepatitis B AND HUMAN SERVICES, * (“Hep B”) vaccines; Guillain-Barré

* (“GBS”).

Respondent. *

********************* Amber D. Wilson, Maglio, Christopher & Toale, Washington, DC, for Petitioner; Alexis Babcock, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1

On March 11, 2015, respondent filed a joint stipulation concerning the petition for compensation filed by Samuel Hussey on January 24, 2014. In his petition, Mr. Hussey alleged that the influenza and Hepatitis B (“Hep B”) vaccines, which are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received the influenza vaccination on February 21, 2012 and received Hep B vaccinations on March 10, 2012, April 7, 2012, and May 5, 2012, caused him to suffer from Guillain-Barré Syndrome (“GBS”). Petitioner alleges that he suffered from Guillain-Barré Syndrome (“GBS”) which was caused-in-fact by his influenza vaccination. In the alternative, petitioner alleged that his Hep B vaccinations either alone or in combination with his influenza vaccination, caused his GBS. Petitioner further alleges that he experienced the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of his GBS.

Respondent denies that petitioner’s GBS was caused-in-fact by his influenza vaccination and/or his Hep B vaccinations, and denies that the vaccines caused any other injury or his current 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. A lump sum of $30,077.17, representing compensation for satisfaction of the State of Hawaii Medicaid lien, payable jointly to petitioner; and

Department of Human Services

Med-QUEST Division 1001 Kamokila Blvd., Suite 317

Kapolei, Hawaii 96707 Attn: Gary Ojiri

Petitioner agrees to endorse this payment to the Hawaii Department of Human Services; and

B. A lump sum of $95,000.00 in the form of a check payable to petitioner, Samuel Hussey. This amount represents compensation for all remaining 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 14-56V 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