Hoffman v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-631V Filed: June 26, 2015 Unpublished **************************** RICHARD G. HOFFMAN, * * Petitioner, * Joint Stipulation on Damages; * Influenza Vaccine or Flu Vaccine; * Chronic Inflammatory Demyelinating SECRETARY OF HEALTH * Polyneuritis [“CIDP”]; AND HUMAN SERVICES, * Special Processing Unit (“SPU”); * Respondent. * * **************************** Douglas Burdette, Esq., Burkett & Burdette, Seattle, WA, for petitioner.

Justine Walters, Esq., US Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1 Vowell, Chief Special Master: On July 21, 2014, Richard G. Hoffman filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the “Vaccine Act” or “Program”]. Petitioner alleges that he suffered chronic inflammatory demyelinating polyneuritis (CIDP) resulting from the influenza vaccine he received on October 10, 2012. Petition at 1; Stipulation, filed June 26, 2015, ¶¶ 2, 4. Petitioner further alleges that he has not received a civil award or settlement for his injury.

Petition, ¶ 13; Stipulation, ¶ 5. Respondent denies that the influenza vaccination caused petitioner’s CIDP or any other injury. Stipulation, ¶ 6.

Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On June 26, 2015, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post it on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access.

2National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2006).

Respondent agrees to pay petitioner a lump sum of $125,000.00 in the form of a check payable to petitioner, Richard G. Hoffman. Stipulation, ¶ 8. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3 s/Denise K. Vowell Denise K. Vowell Chief Special Master

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

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