Castillo v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS ********************* RUBEN CASTILLO, * No. 14-083V Petitioner, * Special Master Moran * v. * Filed: May 8, 2015 * SECRETARY OF HEALTH * Stipulation; Influenza (“flu”) vaccine; AND HUMAN SERVICES, * transverse myelitis; neuromyelitis Respondent. * optica (“NMO”). ********************* Anne Toale, Maglio, Christopher & Toale, PA, Sarasota, FL, for Petitioner; Ryan Pyles, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1 On May 7, 2015, respondent filed a joint stipulation concerning the petition for compensation filed by Ruben Castillo on January 29, 2014. In his petition, Mr. Castillo 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 he received on January 10, 2013, caused him to develop transverse myelitis and/or neuromyelitis optica (“NMO”). Petitioner further alleges that he experienced the residual effects of these injuries 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 condition.

Respondent denies that the vaccine is the cause of petitioner’s alleged transverse myelitis, NMO, and/or any other injury.

The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the party has 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website.

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 payment of $1,308.08, which amount represents reimbursement of a State of Florida Medicaid lien, in the form of a check payable jointly to petitioner and Agency for Health Care Administration Xerox Recovery Services P.O. Box 12188 Tallahassee, FL 32317 Petitioner agrees to endorse this payment to the State; and B. A lump sum payment of $254,000.00 in the form of a check payable to petitioner, Ruben Castillo. 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 14-083V according to this decision and the attached stipulation.2 Any questions may be directed to my law clerk, Mary Holmes, at (202) 357- 6360.

IT IS SO ORDERED.

s/ Christian J. Moran Christian J. Moran Special Master

Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge.

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