Jasmin v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-86V Filed: March 18, 2016 * * * * * * * * * * * * * * * * UNPUBLISHED GWEN JASMIN, on behalf of * her minor child, D.R.J., * * Special Master Hamilton-Fieldman Petitioner, * * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; * Cerebellar Ataxia; Seizure Disorder.

SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for Petitioner.

Christine M. Becer, United States Department of Justice, Washington, D.C., for Respondent.

DECISION 1 On January 30, 2014, Gwen Jasmin (“Petitioner”) filed a petition on behalf of her minor son, D.R.J., pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that an influenza (“flu”) vaccine administered to D.R.J. on February 17, 2012 caused him to suffer from cerebellar ataxia and a seizure disorder.

On March 17, 2016, the parties filed a stipulation in which they state that a decision should be entered awarding compensation and attorneys’ fees and costs. Respondent denies that 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).

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, 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.

the flu vaccination is the cause of D.R.J.’s alleged injury, or any other injury or his current condition. 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 and her attorney shall receive the following compensation: A lump sum of $10,000.00 in the form of a check payable to Petitioner as legal representative of D.R.J. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a); and A lump sum of $31,736.16 in the form of a check payable jointly to Petitioner and Petitioner’s attorney, Andrew Downing, for attorneys’ fees and costs available under 42 U.S.C. § 300aa-15(e). In compliance with General Order #9, Petitioner incurred no out-of-pocket litigation expenses in proceeding on the petition.

Stipulation ¶ 8.

The undersigned approves the requested amounts for Petitioner’s compensation and for attorneys’ fees and costs. 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

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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