Stallworth Lewis v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-1147V Filed: August 6, 2015 Unpublished **************************** THALIA MONSHA STALLWORTH * LEWIS, as personal administrator of the * Estate of ALTON JEROME LEWIS, * deceased, * * Petitioner, * Joint Stipulation on Damages; * Influenza (“Flu”) Vaccine; Guillain- * Barre Syndrome (“GBS”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * **************************** Milton Clay Ragsdale, IV, Birmingham, AL, for petitioner.

Gordon Shemin, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1 Vowell, Chief Special Master: On November 25, 2014, Thalia Monsha Stallworth Lewis, as the personal administrator of the Estate of Alton Jerome Lewis [“Mr. Lewis”], deceased, 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 as the result of an influenza [“flu”] vaccination on September 4, 2013, Mr. Lewis suffered Guillain-Barre Syndrome [“GBS”] and death. Petition at 1; Stipulation, filed August 5, 2015, ¶¶ 2, 4. Petitioner further alleges that she has filed no other action on behalf of Mr. Lewis, and has received no prior award or settlement on behalf of Mr. Lewis for his

Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post it on the United States Court of Federal Claims' website, in accordance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.

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). injury and death. Petition, ¶ 10; Stipulation, ¶5. “Respondent denies that the flu vaccine caused Mr. Lewis’ alleged GBS, any other injury, or death.” Stipulation, ¶ 6.

Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On August 5, 2015, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms.

Respondent agrees to pay petitioner as follows: a. A lump sum of $ 1,184.00, representing reimbursement for past medical expenses that remain due, in the form of a check payable jointly to petitioner and University of Alabama Hospital Patient Financial Services Attn: Thomas Elmes S. 19th Street, POB 308 Birmingham, AL 35249-6510 Petitioner agrees to endorse this check to the Hospital; and b. A lump sum of $275,000.00 in the form of a check payable to petitioner as the legal representative of the Estate of Alton Jerome Lewis.

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

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.