Okai v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13-805V

Filed: September 17, 2015

Not for Publication *************************************

PATRICIA OKAI, * *

Petitioner, * * * Damages decision based on v. * stipulation; influenza * (“flu”) vaccine; Guillain-Barré * syndrome (“GBS”) *

SECRETARY OF HEALTH *

AND HUMAN SERVICES, * *

Respondent. * * *************************************

Edward M. Kraus, Chicago, Illinois, for petitioner.

Ryan Daniel Pyles, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES 1

On September 8, 2015, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that her September 25, 2012 influenza (“flu”) vaccine caused her to develop Guillain-Barré syndrome (“GBS”) and related sequelae. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Respondent denies that the flu vaccine caused petitioner’s GBS or any other injury. Nonetheless, the parties agreed to resolve this matter informally.

The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards: a. an amount sufficient to purchase the annuity contract described in paragraph 10 of the parties’ attached stipulation, paid to the life insurance company from which the annuity will be purchased; b. a lump sum of $227,333.02, representing reimbursement of a State of Illinois Medicaid lien. The award shall be in the form of a check for $227,333.02 made payable jointly to petitioner and

Illinois Dep’t of HFS

Bureau of Collections

Technical Recovery Section

401 S. Clinton, 5th Floor

Chicago, Illinois 60607-3800 Case No. 93-200-0000M40345

Petitioner agrees to endorse this payment to the State; and c. a lump sum of $565,627.00 representing compensation for all remaining damages that would be available under 42 U.S.C. § 300aa-15(a), including $40,627.00 for future life care plan expenses for the first year following the entry of judgment. The award shall be in the form of a check for $565,627.00 made payable to petitioner.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith. 2

IT IS SO ORDERED.

Dated: September 17, 2015 s/ Laura D. Millman Laura D. Millman Special Master