Fankell v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

********************* MISTY FANKELL, * No. 14-1160V

* Special Master Moran Petitioner, *

* Filed: October 1, 2015 v. *

* SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * Bell’s palsy.

* Respondent. *

********************* Amber D. Wilson, Maglio, Christopher & Toale, PA, Washington, DC, for Petitioner; Lisa A. Watts, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1

On September 25, 2015, respondent filed a joint stipulation concerning the petition for compensation filed by Misty Fankell on December 1, 2014. In her petition, Ms. Fankell alleged that the influenza (“flu”) vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received on October 15, 2013, caused her to developed Bell’s palsy. Petitioner further alleges that she suffered the residual effects of her injuries for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition.

Respondent denies that the flu vaccine caused petitioner’s Bell’s palsy, or any other injury, and further denies that petitioner’s current disabilities are sequelae of a vaccine-related 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 of $50,000.00 in the form of a check payable to petitioner, Misty Fankell. 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 14-1160V 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