Ginn v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS ******************** * JEFFREY C. GINN, * * No. 15-957 Petitioner, * Special Master Christian J. Moran * v. * * SECRETARY OF HEALTH * Filed: April 27, 2016 AND HUMAN SERVICES, * * Stipulation; Influenza vaccine; Respondent. * GBS ******************** * Richard H. Moeller, Berenstein, Moore, et al., Sioux City, IA, for Petitioner; Debra A. Filteau Begley, U.S. Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1 On April 26, 2016, the parties filed a joint stipulation concerning the petition for compensation filed by Jeffery C. Ginn on September 1, 2015. In his petition, petitioner alleged that the influenza (“flu”) vaccine that he received on September 24, 2013, contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to develop Guillain-Barré Syndrome (“GBS”), with residual effects lasting more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition.

Respondent denies that petitioner’s alleged GBS, or any other condition, was caused-in-fact by his flu vaccination.

The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 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.

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 payment of $115,000.00 in the form of a check payable to petitioner, Jeffery C. Ginn. 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 15-957V 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

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.