Randle v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-0890V Filed: September 28, 2015

UNPUBLISHED

**************************** MARGARET RANDLE, mother and * natural guardian for K.R., *

*

Petitioner, * Joint Stipulation on Damages;

* Influenza (“Flu”) Vaccine and/or * Meningococcal Vaccine; Guillain-

SECRETARY OF HEALTH * Barré Syndrome (“GBS”); Special AND HUMAN SERVICES, * Processing Unit (“SPU”)

*

Respondent. *

*

**************************** Jeffrey S. Pop, Beverly Hills, CA, for petitioner.

Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

DORSEY, Chief Special Master:

On September 22, 2014, Margaret Randle, the mother and natural guardian of K.R., 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 K.R. suffered from Guillain-Barré syndrome (GBS) as a result of an influenza (flu) and/or meningococcal vaccinations she received on October 11, 2013. Petition at 3; Stipulation, filed Sept. 25, 2015, ¶ 4. Petitioner further alleges that K.R. suffered the residual effects of this condition for more than six months and that she has received no prior award or settlement for damages as a result of her injury. Petition at 3, ¶¶10, 12. “Respondent denies that the flu or meningococcal vaccines caused any of K.R.’s injuries or her current condition.” Stipulation, ¶ 6.

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

Respondent agrees to pay petitioner the following: (a) a lump sum of $13,199.28, which amount represents reimbursement of a lien for services rendered on behalf of K.R. in the form of a check payable to jointly to petitioner and the Department of Health Care Services, Recovery Branch MS 4720, P.O. Box 997421, Sacramento, CA, 95899-7421, Attn: Class Action Unit, DHCS Account No. C96312778D-VAC03. Petitioner agrees to endorse this check to the Department of Health Care Services. Stipulation, ¶ 8. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

(b) An amount sufficient to purchase the annuity contract described in paragraph 10 of the parties’ stipulation, paid to the life insurance company from which the annuity will be purchased.

The undersigned adopts 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/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master