United States Court of Federal Claims, 2015

Kois v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided September 30, 2015 · Denise Kathryn Vowell

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15-0109V Filed: August 26, 2015

Unpublished

**************************** JAMES KOIS, *

Petitioner, * Joint Stipulation on Damages;

* Influenza (“flu”) Vaccine; Brachial * Neuritis; Special Processing Unit

SECRETARY OF HEALTH * (“SPU”) AND HUMAN SERVICES, *

Respondent. *

**************************** Alison Haskins, Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner. Debra Begley, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1 Vowell, Chief Special Master:

On February 2, 2015, James Kois 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”]. Mr. Kois alleges that he suffered brachial neuritis 3 due to the influenza (“flu”) vaccine he received on November 19, 2013. Petition at 1, 5; Stipulation, filed August 25, 2015, at ¶¶ 2, 4. Petitioner further alleges that he experienced the residual effects of this condition for more than six months. Petition at 5; Stipulation at ¶ 4. Respondent denies that petitioner’s brachial neuritis, or any other injury, was caused-in-fact by his flu vaccination. Stipulation at ¶ 6.

Nevertheless, the parties have agreed to settle the case. Stipulation at ¶ 7. On August 25, 2015, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms.

Respondent agrees to pay petitioner a lump sum of $130,000.00 in the form of a check payable to petitioner. Stipulation at ¶ 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. 4 s/Denise K. Vowell Denise K. Vowell Chief Special Master

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post it on the United States Court of Federal Claims' website, in accordance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. 2 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). 3 The petition refers to petitioner’s injury as Parsonage-Turner syndrome or brachial plexopathy, but both of these terms are synonymous with a diagnosis of brachial neuritis. Stipulation at footnote 1. 4 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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