United States Court of Federal Claims, 2016

Bratt v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided February 23, 2016 · Thomas L. Gowen

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 11-900V Filed: February 2, 2016

* * * * * * * * * * * * * * * * UNPUBLISHED CATHERINE BRATT, *

* Special Master Gowen Petitioner, *

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

* Chronic Inflammatory SECRETARY OF HEALTH * Demyelinating Polyneuropathy. AND HUMAN SERVICES, *

* Respondent. *

* * * * * * * * * * * * * * * * * Mark T. Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for petitioner.

Michael P. Milmoe, United States Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On December 27, 2011, Catherine Bratt (“petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner alleged that as a result of receiving an influenza (“flu”) vaccination on January 2, 2009, she suffered Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”). Stipulation ¶ 2, 4, filed Feb. 1, 2016.

On February 1, 2016, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that the flu vaccination caused petitioner’s CIDP or any other injury. Id. at ¶ 6. Nevertheless, 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: 1) A lump sum of $278,007.71, in the form of a check payable to petitioner, Catherine

Bratt, which represents compensation for first year life care expenses ($58,007.71), and pain and suffering and past unreimburseable expenses combined ($220,000.00); and

2) An amount sufficient to purchase an annuity contract to provide the benefits described in paragraph 10 of the Stipulation, to be paid to a life insurance company meeting the criteria described in paragraph 9.

These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. at ¶ 8.

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

The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3

IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen Special Master

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this ruling on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 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 (2012) (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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