Kelly v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

********************* OVA FRANKLIN KELLY, * No. 15-167V

* Petitioner, * Special Master Moran

* v. * Filed: November 12, 2015

* SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * Guillian-Barré Syndrome (“GBS”).

* Respondent. *

********************* Vanessa L. Brice, Colling Gilbert Wright & Carter, L.L.C., Orlando, FL, for Petitioner; Lara A. Englund, 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UNPUBLISHED DECISION1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 Ova Franklin Kelly on February 23, 2015. In his petition, Mr. Kelly 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 he received on or about October 7, 2013, caused him to suffer Guillian- Barré Syndrome (“GBS”). Petitioner further alleges that he experienced the residual effects of this injury 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 flu vaccine is the cause of petitioner’s GBS or any other injury or his current 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 $200,000.00 in the form of a check payable to petitioner, Ova Franklin Kelly. 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 15-167V 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