Duran v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-885V

Filed: October 2, 2015 Unpublished ****************************

JOSEPH LEE DURAN, * *

Petitioner, * Joint Stipulation on Damages; * Attorneys’ Fees and Costs; * Influenza (“Flu”) Vaccine; Guillain * Barre Syndrome (“GBS”); Special SECRETARY OF HEALTH * Processing Unit (“SPU”) AND HUMAN SERVICES, * *

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

Jeffrey S. Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner. Claudia Gangi, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS 1

Dorsey, Chief Special Master:

On September 22, 2014, Joseph Lee Duran 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 as the result of an influenza [“flu”] vaccination on November 12, 2013, he suffered from Guillain Barre Syndrome [“GBS”]. Petition, at 1; Stipulation, filed October 1, 2015, ¶¶ 2, 4. Petitioner further alleges that he experienced the residual effects of this injury for more than six months, and that he has received no prior award or settlement for this injury. Petition, ¶¶ 14, 16; Stipulation, ¶ 5. “Respondent denies that the flu vaccine caused petitioner’s alleged GBS, any other injury, or his current disabilities.” Stipulation, ¶ 6.

Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On October 1, 2015, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms.

The Stipulation also includes an award of attorneys’ fees and costs. Stipulation, ¶ 8(c). In accordance with General Order #9, petitioner’s counsel asserts that petitioner incurred no out-of-pocket expenses. Id.

Respondent agrees to pay petitioner as follows:

a. A lump sum of $8,266.77 in the form of a check payable to petitioner and Optum, 75 Remittance Drive, Suite 6019, Chicago, Illinois 60675-6019. Petitioner agrees to endorse this payment to Optum. This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Illinois may have against any individual as a result of any Medicaid payments the State of Illinois has made to or on behalf of Joseph Lee Duran from the date of his eligibility for benefits through the date of judgement in this case as a result of his alleged vaccine-related injury suffered on or about November 20, 2013, under Title XIX of the Social Security Act; b. A lump sum of $335,000.00 in the form of a check payable to petitioner. This amount represents compensation for all remaining damages that would be available under 42 U.S.C. §300aa-15(a); and c. A lump sum of $18,625.16 in the form of a check jointly payable to petitioner and petitioner's attorney, Jeffrey S. Pop, for attorneys' fees and costs available under 42 U.S.C. § 300aa- 15(e), and, in compliance with General Order #9, no out-of-pocket expenses were incurred by petitioner in proceeding on the petition.

Stipulation, ¶ 8.

I adopt 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

IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master