United States Court of Federal Claims, 2017

Phipps v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided January 3, 2017 · Brian H. Corcoran

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 15-238V

************************* PHYLLIS PHIPPS, * Special Master Corcoran

* *

Petitioner, * Filed: November 17, 2016

* v. * Decision by Stipulation; Damages;

* Influenza (“Flu”); Chronic Inflammatory SECRETARY OF HEALTH * Demyelinating Polyneuropathy (“CIDP”); AND HUMAN SERVICES, * Polyradiculoneuropathy.

* Respondent. *

* ************************* David Porter Murphy, David Murphy Esq., Greenfield, IN, for Petitioner.

Camille Collett, U.S. Dep’t of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On March 8, 2015, Phyllis Phipps filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that she suffered from Chronic Inflammatory Demyelinating Polyneuopathy (“CIDP”) and/or Polyradiculoneuropathy as a result of her March 13, 2012, receipt of the Influenza (“Flu”), vaccine. Moreover, Petitioner alleges that she experienced residual effects of these injuries for more than six months.

Respondent denies that the vaccines caused Petitioner’s alleged injuries. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on November 16, 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 $139,919.89, representing compensation for first year life care expenses

($30,908.74), pain and suffering ($75,000.00), and compensation for past unreimbursable expenses ($34,011.15) in the form of a check payable to Petitioner; and;

 An amount sufficient to purchase the annuity contract described in Stipulation ¶ 9-10, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”).

Stipulation ¶ 8. This amount represents compensation for all damages that would be available under Section 15(a) of the Act.

I approve a Vaccine Program award in the requested amount 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

1 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. 2 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). 3 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.

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