United States Court of Federal Claims, 2015

Bailey v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided December 4, 2015 · Lisa Hamilton-Fieldman

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 13-711V

Filed: November 13, 2015

* * * * * * * * * * * * * * * * UNPUBLISHED JOHNNA BAILEY, *

* Special Master Hamilton-Fieldman Petitioner, *

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

* Bell’s Palsy. SECRETARY OF HEALTH * AND HUMAN SERVICES, *

Respondent. *

* * * * * * * * * * * * * * * * Kevin Mack, Law Offices of Kevin Mack, Tiffin, OH, for Petitioner.

Jennifer Reynaud, United States Department of Justice, Washington, D.C., for Respondent.

DECISION 1

On September 23, 2013, Johnna Bailey (“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”) vaccination administered to her on February 23, 2011 caused her to develop Bell’s palsy and other autoimmune conditions.

On November 13, 2015, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that Petitioner’s alleged Bell’s palsy and residual effects were caused-in-fact by the flu vaccine. 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 $5,500.00, in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a), except as set forth in paragraph B., below; and

B. A lump sum of $93.66, 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:

Ohio Recovery Unit 350 Worthington Rd., Suite G Westerville, OH 43082 Case Number: 1023366

Petitioner agrees to endorse this payment to the appropriate State agency. 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. 3

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

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this decision on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review.

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