Pancoast v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-718V ************************* * Special Master Corcoran STEVEN PANCOAST, * * Petitioner, * Filed: August 19, 2016 * v. * Decision by Stipulation; Damages * Tetanus Diphtheria Acellular Pertussis SECRETARY OF HEALTH * (“Tdap”) Vaccine; Influenza (“Flu”) AND HUMAN SERVICES, * Vaccine; Brachial Neuritis. * Respondent. * * ************************* William E. Cochran, Jr., Black McLaren, et al., PC, Memphis, TN, for Petitioner.

Sarah C. Duncan, U.S. Dep’t of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1 On July 10, 2015, Steven Pancoast filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that he suffered from brachial neuritis as a result of his November 20, 2012, receipt of the influenza (“flu”) and the tetanus diphtheria acellular pertussis (“Tdap”) vaccinations. Moreover, Petitioner alleges that he experienced residual effects of this injury for more than six months.

Respondent denies that the flu and Tdap vaccine caused Petitioner’s alleged brachial neuritis, or any other injury, or his current condition. Nonetheless both parties, while maintaining Because this decision contains a reasoned explanation for my actions in this case, I will post it on the United States Court of Federal Claims website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Otherwise, the whole decision will be available to the public. Id. The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”).

Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix). their above-stated positions, agreed in a stipulation (filed on August 17, 2016) that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation.

I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein.

The stipulation awards:  A lump sum of $172,667.50, which amount represents compensation for first year life care expenses ($27,667.50) and pain and suffering ($145,000.00) in the form of a check payable to Petitioner; and  An amount sufficient to purchase the annuity contract described in paragraph 10 of the attached stipulation, paid to the insurance company from which the annuity will be purchased.

Stipulation ¶ 8. These amounts represent compensation for all damages that would be available under Section 15(a) of the Act.

I approve a Vaccine Program award in the requested amounts set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the Court is directed to enter judgment herewith.3

IT IS SO ORDERED.

/s/ Brian H. Corcoran Brian H. Corcoran Special Master

Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review.