Hopper v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-111V Filed: March 13, 2015

* * * * * * * * * * * * * * * * UNPUBLISHED MARGARET HOPPER, *

* Special Master Hamilton-Fieldman Petitioner, *

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

* Guillain-Barré syndrome (“GBS”); SECRETARY OF HEALTH * Miller Fisher Variant; Attorneys’ AND HUMAN SERVICES, * Fees and Costs; Reasonable Amount

* Requested To Which Respondent Respondent. * Does Not Object.

* * * * * * * * * * * * * * * * Edward Kraus, Law Offices of Chicago Kent, Chicago, IL, for Petitioner.

Julia McInerny, United States Department of Justice, Washington, D.C., for Respondent.

DECISION 1

On February 7, 2014, Margaret Hopper (“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 the administration of an influenza (“flu”) vaccine on January 3, 2013, she suffered from the Miller Fisher Variant of Guillain-Barré syndrome (“GBS”).

On March 12, 2015, the parties filed a stipulation in which they state that a decision should be entered awarding compensation and attorneys’ fees. Respondent denies that the flu vaccine caused Petitioner’s alleged injuries or any other injury. 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 and attorneys’ fees, on the terms set forth therein.

The parties stipulate that Petitioner and her attorney shall receive the following compensation:

A lump sum of $350,000.00 in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a); A lump sum of $24,440.90, 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), and, in compliance with General Order #9, no out-of-pocket expenses were incurred by Petitioner in proceeding on the petition; and A lump sum of $435.93, for reimbursement of the State of Illinois Department of Healthcare and Family Services for Medical Lien, in the form of a check payable jointly to Petitioner and

Bureau of Collection & Technical Recovery Section Attn: Mitch Levin, Recovery Specialist 401 South Clinton 5th Floor Chicago, IL 60627

Stipulation ¶ 8.

The undersigned approves the requested amount for Petitioner’s compensation and for attorneys’ fees. 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/ Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman Special Master