Inscho v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS ************************ *

FREDERICK INSCHO and SHERRI *

INSCHO, legal representatives of a minor * No. 11-599V child, GABRIELLE INSCHO, * Special Master Christian J. Moran *

Petitioners, * Filed: June 5, 2015 * v. * Stipulation; flu mist vaccine; * transverse myelitis. SECRETARY OF HEALTH *

AND HUMAN SERVICES, * *

Respondent. * ************************ *

Stephen P. O’Keefe, Gibson & O’Keefe Co., LPA, Centerville, OH, for Petitioners; Heather L Pearlman, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1

On June 3, 2015, respondent filed a joint stipulation concerning the petition for compensation filed by Frederick and Sherri Inscho, on behalf of their daughter, Gabrielle Inscho, on September 19, 2011. In their petition, the Inschos alleged that the flu mist vaccine which Gabrielle received on or about September 22, 2008, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused her to develop transverse myelitis. Petitioners further allege that Gabrielle experienced the residual effects of her injury for more than six months. Petitioners represent that there has been no prior award or settlement of a civil action for damages on behalf of Gabrielle as a result of her condition.

Respondent denies that Gabrielle suffered transverse myelitis or any other injury as a result of her immunization.

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 $829,128.65, which amount represents compensation for first year life care expenses ($342,560.65) and trust seed funds ($486,568.00), in the form of a check payable to Regions Bank, as trustee of the grantor reversionary trust established for the benefit of Gabrielle Inscho; b. A lump sum of $518,799.39, which amount represents compensation for partial lost future earnings ($393,799.39) and pain and suffering ($125,000.00), in the form of a check payable to petitioners as guardian(s)/conservator(s) of the estate of Gabrielle Inscho for the benefit of Gabrielle Inscho. No payments shall be made until petitioners provide respondent with documentation establishing that they have been appointed as the guardian(s)/conservator(s) of Gabrielle Inscho’s estate; c. A lump sum of $224,362.03, which amount represents reimbursement of a lien for services rendered on behalf of Gabrielle, in the form of a check payable jointly to petitioners and;

Treasurer, State of Ohio Worthington Rd., Suite G Westerville, Ohio 43082 Attn: Jaime L. Hall Case Number: 996592 d. An amount sufficient to purchase the annuity contract described in paragraph 10 of the stipulation attached hereto as “Appendix A,” paid to the life insurance company from which the annuity will be purchased (the "Life Insurance Company").2

In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 11-599V according to this decision and the attached stipulation.3

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