Garcia v. Secretary of Health and Human Services

IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 14-688V Filed: July 2, 2015 (Not to be published) ************************* MARTA GARCIA, * * Petitioner, * Stipulation; Flu; Shoulder Injury v. * Attorneys’ Fees & Costs * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * **************************** Jonathan Gold, Esq., Rosenbaum & Rosenbaum, P.C., New York, NY for petitioner.

Alexis Babcock, Esq., U.S. Dep’t. of Justice, Washington, DC for respondent.

DECISION ON JOINT STIPULATION1 Gowen, Special Master: Marta Garcia [“petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program2 on July 31, 2014. Petitioner alleges that she suffered a shoulder injury that was caused in fact by the influenza vaccination she received on September 12, 2011. See Stipulation, filed July 2, 2015, at ¶¶ 2, 4.

Further, petitioner alleges that she experienced residual effects of her injuries for more than six months. Stipulation at ¶ 4. Respondent denies that the influenza vaccination is the cause of petitioner’s alleged shoulder injury or any other injury or her current condition. Stipulation at ¶ 6.

Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in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), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B).

Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access.

National 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 (2012).

Nevertheless, the parties have agreed to settle the case. On July 2, 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 $45,000.00 in the form of a check payable to petitioner, Marta Garcia. This amount represents compensation for all damages that would be available under § 300aa-15(a); and b. A lump sum of $5,000 in the form of a check payable jointly to petitioner and petitioner’s attorney, Jonathan Gold, 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

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review.