Ross v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

******************** * GAIL ROSS and CATHERINE * MCDOWELL, parents of * No. 14-90V M.R., a minor, * Special Master Christian J. Moran

* Petitioner, *

* v. * Filed: September 14, 2015

* SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * narcolepsy.

* Respondent. *

******************** * Ronald Craig Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioners; Heather Pearlman, U.S. Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1

On September 11, 2015, the parties filed a joint stipulation concerning the petition for compensation filed by Gail Ross and Catherine McDowell on behalf of M.R. on January 30, 2014. In the petition, petitioners alleged that the influenza vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received on November 18, 2011, caused M.R. to suffer narcolepsy. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Petitioners represent that there has been no prior award or settlement of a civil action for damages on M.R.’s behalf as a result of M.R.’s condition.

Respondent denies that the influenza vaccine caused petitioner to suffer narcolepsy or any other injury.

Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

Damages awarded in that stipulation include:

A lump sum payment of $213,045.24 in the form of a check payable to petitioners, Gail Ross and Catherine McDowell, as guardians/conservators of M.R.’s estate. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

A lump sum payment of $16,954.76 payable to petitioners Gail Ross and Catherine McDowell, which represents compensation for past unreimbursable expenses.

In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 14-90V according to this decision and the attached stipulation.2

Any questions may be directed to my law clerk, Shannon Proctor, at (202) 357-6360.

IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master