Palmer v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 12-802V Filed: October 28, 2015

* * * * * * * * * * * * * * * * UNPUBLISHED STEPHANIE PALMER, *

* Special Master Hamilton-Fieldman Petitioner, *

* Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine;

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

*

Respondent. *

* * * * * * * * * * * * * * * * John A. Bush, Comstock & Bush, Boise, ID, for Petitioner.

Claudia B. Gangi, United States Department of Justice, Washington, D.C., for Respondent.

DECISION1

On November 20, 2012, Stephanie Palmer (“Petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that an influenza (“flu”) vaccination3 administered on November 23, 2009 caused her to develop Guillain-Barré Syndrome (“GBS”). Petition (“Pet.”) at 1-9.

On October 27, 2015, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Stipulation, ECF No. 46. Respondent denies that the flu vaccine caused Petitioner’s condition or any other injury. However, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

The parties stipulate that Petitioner shall receive the following compensation: A. A lump sum of $886,808.49, which amount represents compensation for first year life care expenses ($70,749.20), lost earnings ($557,940.39), pain and suffering ($250,000.00), and past reimbursable expenses ($8,118.90) in the form of a check payable to Petitioner;

B. A lump sum of $140,753.12, which amount represents reimbursement of a lien for services rendered on behalf of Petitioner, in the form of a check payable jointly to Petitioner and HMS Idaho Recovery 5615 High Point Drive, Suite 100 Irving, TX 75038 Attn: Sadiyyah Brady Case Number: 109020 Petitioner agrees to endorse this payment to the State of Idaho; C. An amount sufficient to purchase the annuity contract described in paragraph 10

[of the Stipulation], paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”).

Stipulation ¶ 8.

The undersigned approves the requested amount for Petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.4

IT IS SO ORDERED. s/ Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman Special Master