Saeid v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS (Filed: January 17, 2017) No. 12-552V

* * * * * * * * * * * * * UNPUBLISHED JAVAD SAEID, Legal representative * Of a Minor Child, M.S. * Decision on Joint Stipulation;

* Transverse Myelitis (“TM”); Petitioner, * Influenza (“Flu”) Vaccine.

* v. *

* SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

* * * * * * * * * * * * * * Michael Adly Baselous, San Antonio, TX, for petitioner.

Glen Alexander MacLeod., US Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

Roth, Special Master:

On August 30, 2012, Javad Saeid [“petitioner”] filed a petition for compensation on behalf of her minor child M.S., under the National Vaccine Injury Compensation Program.2 Petitioner alleges that M.S. developed transverse myelitis (“TM”) and stroke as a result of the influenza (“flu”) vaccine she received on August 31, 2009. See Stipulation, filed January 13, 2017, at ¶¶ 1-4. Respondent denies that the flu vaccine caused M.S.’s alleged TM and stroke, or any other injury, and further denies that her current disabilities are a sequela of a vaccine-related injury. Stipulation at ¶ 6.

Nevertheless, the parties have agreed to settle the case. On January 13, 2017, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to issue the following payments:

 A lump sum of $104,585.02, which amount represents reimbursement of a lien for services provided to M.S., in the form of a check payable jointly to petitioner and

TMHP/Medicaid Attn: Tort Receivables TPL/Tort Department PO Box 202948 Austin, TX 78720-2948

Petitioner agrees to endorse this payment to the State of Texas; and  A lump sum of $250,000.00, which amount represents compensation for all remaining elements of damages available to petitioner under 42 U.S.C. § 300aa- 15(a), in the form of a check payable to petitioner as guardian/conservator of the estate of M.S., for the benefit of M.S. No payment shall be made until petitioner provides respondent with documentation establishing that she has been appointed as the guardian/conservator of M.S.’s estate.

I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master