Andrews v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-181V Filed: April 22, 2015

* * * * * * * * * * * * * * * * UNPUBLISHED MATTHEW ANDREWS, *

* Special Master Dorsey Petitioner, *

* v. * Joint Stipulation on Damages;

* Influenza (Flu) Vaccine; Bell’s SECRETARY OF HEALTH * Palsy; Attorneys’ Fees and Costs; AND HUMAN SERVICES, * Reasonable Amount to Which

* Respondent does not Object. Respondent. *

* * * * * * * * * * * * * * * * * Nicholas Edward Bunch, White, Getgey & Meyer Co., LPA, Cincinnati, OH, for petitioner. Jennifer Leigh Reynaud, United States Department of Justice, Washington, DC, for respondent.

DECISION1

On March 5, 2014, Matthew Andrews (“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 a live attenuated nasal influenza (“flu”) vaccine administered to him on March 8, 2011, caused him to suffer a vaccine-related injury diagnosed as Bell’s palsy. Petition at 1-2. Petitioner further alleged that he suffered the residual effects or complications of his vaccine injury for more than six months. Id. at 2. On April 22, 2015, the parties filed a stipulation, stating that a decision should be entered awarding compensation.

Respondent denies that petitioner’s alleged Bell’s palsy and residual effects were caused- in-fact by the flu vaccine. Respondent further denies that the flu vaccine caused petitioner any other injury or his current condition. 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 stipulated that petitioner shall receive the following compensation: a. A lump sum of $30,000.00, in the form of a check payable to petitioner. This amount represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

b. A lump sum of $8,000.00, in the form of a check payable to petitioner and petitioner’s attorney, Nicholas Edward Bunch., at White, Getgey & Meyer Co., LPA, 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.

Stipulation ¶ 8.

The undersigned approves the requested amount for petitioner’s compensation. 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/ Nora Beth Dorsey Nora Beth Dorsey Special Master