Guerrero v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 16-33V Filed: October 13, 2016 UNPUBLISHED

**************************** GLORIA GUERRERO, *

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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, *

*

Respondent. *

*

**************************** Jeffrey S. Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner. Claudia B. Gangi, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

Dorsey, Chief Special Master:

On January 7, 2016, 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 she suffered Guillain-Barré Syndrome (“GBS”) after receiving the influenza vaccine on October 16, 2014. Petition at 1; see also Stipulation, filed Oct. 13, 2016, at ¶¶ 1-2, 4. Petitioner further alleged that she suffered the residual effects of her injuries for more than six months and that she has not filed a civil suit or received compensation for her injury, alleged as vaccine caused. Petition at ¶¶ 18-19; see also Stipulation at ¶ 4-5. “Respondent denies that the flu vaccine caused petitioner’s Guillain-Barré Syndrome, any other injury, or her current disabilities.” Stipulation at ¶ 6.

Nevertheless, on October 13, 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 a payment of $230,923.50 as follows:

a. a lump sum payment of $226,389.30 in the form of a check payable solely to petitioner, Gloria Guerrero;

b. a lump sum payment of $4,534.20 in the form of a check payable jointly to petitioner, Gloria Guerrero and Presbyterian Centennial Care:

Presbyterian Centennial Care

P.O. Box 27489 Albuquerque, New Mexico 87125-7489

Tax ID #: XX-XXXXXXX Attn: Member ID #: 105812837-00 representing compensation for satisfaction of the State of New Mexico Medicaid lien.3 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.4 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master