McCarthy-stancavage v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS ************************ ROBIN MCCARTHY-STANCAVAGE, * on behalf of A.S., a minor child, * No. 14-1117V * Special Master Christian J. Moran Petitioner, * * Filed: November 24, 2015 v. * * Stipulation; influenza (“flu”) SECRETARY OF HEALTH * vaccine; small fiber neuropathy; AND HUMAN SERVICES, * chronic pain syndrome. * Respondent. * ************************ Diana Stadelnikas Sedar, Maglio, Christopher & Toale, PA, Sarasota, FL, for Petitioner; Lara A. Englund, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1 On November 19, 2015, respondent filed a joint stipulation concerning the petition for compensation filed by Robin McCarthy-Stancavage, on behalf of her son, A.S., on November 17, 2014. In her petition, Ms. McCarthy-Stancavage 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 A.S. received on or about December 7, 2011, caused him to suffer small fiber neuropathy and chronic pain syndrome, and that A.S. experienced residual effects of these injuries for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on behalf of A.S. as a result of his condition.

The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the party has 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website.

Respondent denies that the flu vaccine caused any of A.S.’s, injuries 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. A lump sum of $4,737.16, which amount represents reimbursement of a lien for services rendered on behalf of A.S., in the form of a check payable jointly to petitioner and Eugene A. Seidel Trustee for Johns Hopkins Health Care, LLC Sudbrook Lane Baltimore, MD 21208 Petitioner agrees to endorse this check to the Eugene A. Seidel, Trustee for Johns Hopkins Health Care, LLC.

B. A lump sum of $16,000.00, in the form of a check payable to petitioner, Robin McCarthy-Stancavage; C. A lump sum of $89,000.00, in the form of a check payable to A.S. on or after January 7, 2016.2 The amounts set forth in sections a, b, and c represent 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 case14-1117V according to this decision and the attached stipulation.3

A.S.’s date of birth is January 7, 1998.

Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge.

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