Mestas v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

********************* RAMONA MARY MESTAS, * No. 14-800V

* Petitioner, * Special Master Moran

* v. * Filed: September 29, 2015

* SECRETARY OF HEALTH * Stipulation; influenza vaccine; AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”).

* Respondent. *

********************* Stephen I. Leshner, P.C., Phoenix, AZ, for Petitioner; Camille Collett, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1

On September 4, 2015, respondent filed a joint stipulation concerning the petition for compensation filed by Ramona Mary Mestas on September 2, 2014. In her petition, Ms. Mestas 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 August 31, 2011, caused her to develop Guillain-Barré syndrome (“GBS”). Petitioner further alleges that she experienced the residual effects of this condition for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of her condition.

Respondent denies that the influenza immunization is the cause of petitioner’s alleged GBS or any other injury or condition.

Nevertheless, the parties agree to the joint stipulation, attached hereto as “Appendix A.” The undersigned finds said stipulation to be 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 of $25,000.00 in the form of a check payable to petitioner, Ramona Mary Mestas. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 14-800V according to this decision and the attached stipulation.2

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

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