Pederson v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-1055V Filed: August 17, 2015 Unpublished **************************** BRUCE A. PEDERSON, * * Petitioner, * Joint Stipulation on Damages and * Attorneys’ Fees and Costs; * Influenza (“Flu”) Vaccine; SECRETARY OF HEALTH * Guillain-Barre Syndrome (“GBS”); AND HUMAN SERVICES, * Special Processing Unit (“SPU”) * * Respondent. * * **************************** Kate Gerayne Westad, Lommen Abdo Law Firm, Minneapolis, MN, for petitioner.

Julia Wernett McInerny, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS 1 Vowell, Chief Special Master: On October 29, 2014, Bruce Pederson 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 October 31, 2011, he suffered from Guillain-Barre Syndrome [“GBS”].

Petition at 1-2; Stipulation, filed August 14, 2015, ¶¶ 2, 4. Petitioner further alleges that he experienced the residual effects of his injury for more than six months, and has received no prior award or settlement for this injury. Petition, ¶¶ 4, 6; Stipulation, ¶¶ 4-5.

“Respondent denies that the flu vaccine caused petitioner’s GBS or any other injury.”

Stipulation, ¶ 6.

Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post it on the United States Court of Federal Claims' website, in accordance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

Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On August 14, 2015, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms.

The Stipulation also includes an award of attorneys’ fees and costs. Stipulation, ¶ 8(b). In accordance with General Order #9, petitioner’s counsel asserts that petitioner incurred no out-of-pocket expenses. Id. Respondent agrees to pay petitioner as follows: a. A lump sum of $175,000.00 in the form of a check payable to petitioner.

Stipulation, ¶ 8(a). This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. b. A lump sum of $21,668.68 in the form of a check jointly payable to petitioner and petitioner’s attorney, Kate Westad. Stipulation, ¶ 8(b). This amount represents compensation for all legal expenses that would be available under 42 U.S.C. § 300aa-15(e). 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.