Dyson v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 15-1518V Filed: October 11, 2016 UNPUBLISHED

**************************** JAMIE J. DYSON, *

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Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine;

* Guillain-Barré Syndrome (“GBS”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, *

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Respondent. *

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**************************** Nancy Meyers, Ward Black Law, Greensboro, NC, for petitioner.

Michael Milmoe, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

Dorsey, Chief Special Master:

On December 15, 2015, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleged that he suffered Guillain-Barré Syndrome (“GBS”) after receiving the influenza vaccine on November 4, 2014. Petition at 1, ¶¶ 2, 8; see also Stipulation, filed Oct. 7, 2016, at ¶¶ 1-2, 4. Petitioner further alleged that he has suffered the effects of his injury for more than six months, and that neither he nor any other party has not filed a civil suit or received compensation for his injury, alleged as vaccine caused. Petition at ¶¶ 10-11, 13; see also Stipulation at ¶ 4-5.

During the initial status conference in this case, the parties discussed whether petitioner received his vaccination on November 3 or 4, 2014. See Order, issued Jan. 22, 2016, at 1 (ECF No. 9). On March 22, 2016, respondent filed a status report indicating that although she “believe[d] there [were] some timing issues involved with petitioner’s case, [she was] willing to enter into litigative risk settlement negotiations.” (ECF No. 15). “Respondent denies that the flu vaccine caused petitioner’s alleged GBS, or any other injury, and further denies that petitioner’s current disabilities are sequelae of a vaccine-related injury.” Stipulation at ¶ 6.

Nevertheless, on October 7, 2016, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. 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: A lump sum of $150,000.00 in the form of a check payable to petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under § 15(a). Id. The undersigned approves the requested amount for petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master