Lacroix v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-359V Filed: July 22, 2015 * * * * * * * * * * * * * * * * UNPUBLISHED AMANDA LACROIX, * * Petitioner, * Special Master Dorsey * v. * * SECRETARY OF HEALTH * Joint Stipulation on Damages; AND HUMAN SERVICES, * Meningococcal (Menactra) Vaccine; * Transverse Myelitis (TM) Respondent. * * * * * * * * * * * * * * * * * * Michael Adly Baseluos, San Antonio, TX, for petitioner.

Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for respondent.

DECISION1 On May 28, 2013, Amanda Lacroix (“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 as a result of receiving the Meningococcal (Menactra) vaccine on December 3, 2011, she suffered transverse myelitis (“TM”) with resulting neurologic injuries.

Petition at 1. Petitioner further alleged that she suffered the residual effects or complications of her vaccine injury for more than six months. Id. On July 22, 2015, the parties filed a stipulation, stating that a decision should be entered awarding compensation.

Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this ruling on the website of the United States Court of Federal Claims, 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)). As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b).

The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.

Respondent denies that the vaccine caused petitioner to suffer from transverse myelitis or any other injury or her 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 $250,000.00, in the form of a check payable to petitioner. This amount represent compensation for all items of damages that would be available under 42 U.S.C. § 300-aa-15(a), except as set forth in paragraph 8.b. of the stipulation; b. An amount sufficient to purchase the annuity contract described in paragraph 10 of the stipulation (Appendix A), paid to the life insurance company from which the annuity will be purchased.

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

Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review.