Hampton v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-776V Filed: August 12, 2016 * * * * * * * * * * * * * * * * UNPUBLISHED HUEY HAMPTON, * * Special Master Gowen Petitioner, * * Joint Stipulation on Damages; v. * Influenza Vaccine; Chronic * Inflammatory Demyelinating SECRETARY OF HEALTH * Polyneuropathy.

AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * Mark T. Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for petitioner.

Traci R. Patton, United States Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1 On October 8, 2013, Huey Hampton (“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 October 14, 2010, he suffered Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”). Stipulation ¶ 2, 4, filed Aug. 11, 2016. Further, petitioner alleged that he experienced residual effects of this injury for more than six months. Id. at ¶ 4.

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).

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 (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.

On August 11, 2016, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that flu vaccination caused petitioner’s CIDP, or any other injury or condition. 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 $257,280.81, which amount represents compensation for first year life care expenses ($17,280.81) and combined lost earnings, pain and suffering, and past unreimbursable expenses ($240,000.00), in the form of a check payable to petitioner, Huey Hampton; 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.

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

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

Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review.