Divakar v. Secretary of Health and Human Services

IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

No. 14-273V Filed: March 16, 2015 (Not to be published)

************************* VIJAY DIVAKAR, *

*

Petitioner, * Stipulation; Flu Vaccine; v. * Peripheral Neuropathy;

* Attorneys’ Fees & Costs SECRETARY OF HEALTH * AND HUMAN SERVICES, *

*

Respondent. *

**************************** Andrew Downing, Esq., Van Cott & Talamante, PLLC, Phoenix, AZ for petitioner. Claudia Ganghi, Esq., U.S. Dep’t. of Justice, Washington, DC for respondent.

DECISION ON JOINT STIPULATION1 Gowen, Special Master:

Vijay Divaker [“petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program2 on April 9, 2014. Petitioner alleges that he suffered from peripheral neuropathy that was caused in fact by a flu vaccination he received on October 15, 2013. See Stipulation, filed March 13, 2015, at ¶¶ 2, 4. Further, petitioner alleges that he experienced residual effects of his injuries for more than six months. Stipulation at ¶ 4. Respondent denies that the petitioner’s flu vaccine caused petitioner’s alleged peripheral neuropathy, any other injury, or his current disability. Stipulation at ¶ 6.

Nevertheless, the parties have agreed to settle the case. On March 13, 2015, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms.

Respondent agrees to pay petitioner: a. A lump sum of $142,500.00 in the form of a check payable to petitioner,

Vijay Divaker. This amount represents compensation for all damages that would be available under § 300aa-15(a); and

b. A lump sum of $20,633.01 in the form of a check payable jointly to petitioner and petitioner’s attorney, Andrew D. Downing Esq., for attorneys’ fees and costs available under § 300aa-15(e); and, in compliance with General Order #9, no out-of-pocket expenses were incurred by petitioner in proceeding on the petition.

The special master adopts the parties’ stipulation attached hereto, and awards compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen Special Master