Stanford v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

********************* DEAN STANFORD, * No. 14-1216V

* Petitioner, * Special Master Moran

* v. * Filed: November 16, 2015

* SECRETARY OF HEALTH * Stipulation; influenza, Pneumococcal AND HUMAN SERVICES, * (“Pneuemovax”), tetanus-diphtheria-

* pertussis (“Tdap”) vaccines; Respondent. * Guillain-Barré Syndrome (“GBS”).

********************* Marvin Firestone, Marvin Firestone, MD, JD & Associates, San Mateo, CA, for Petitioner; Camille M. Collett, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1

On November 10, 2015, respondent filed a joint stipulation concerning the petition for compensation filed by Dean Stanford on December 19, 2014. In his petition, Mr. Stanford alleged that the influenza vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and the Pneumovax and Tdap vaccinations, which he received on or about December 15, 2011, caused him to suffer Guillain-Barré Syndrome (“GBS”). Petitioner further alleges that he 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 his condition.

Respondent denies that the influenza or any other 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 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 $85,000.00 in the form of a check payable to petitioner, Dean Stanford. 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 14-1216V according to this decision and the attached stipulation.2

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

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