United States Court of Federal Claims, 2017

Polk v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided February 23, 2017 · Mindy Michaels Roth

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS (Filed: February 1, 2017) No. 16-729V

* * * * * * * * * * * * * RANDY POLK * UNPUBLISHED

* Petitioner, * Decision on Joint Stipulation;

* Transverse Myelitis (“TM”); v. * Acute Neurogenic Bladder

* Dysfunction; Influenza (“Flu”) SECRETARY OF HEALTH * Vaccine.

AND HUMAN SERVICES, *

* Respondent. *

* * * * * * * * * * * * * * Andrew Donald Downing, Esq., Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner. Lisa Ann Watts, Esq., US Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

Roth, Special Master:

On June 6, 2016, Petitioner [“Mr. Polk,” or “petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that he suffered neurological injuries to include transverse myelitis (“TM”), paraplegia, and acute neurogenic bladder dysfunction, which were caused-in-fact by administration of the flu vaccine on September 9, 2013. Petitioner further alleges that the suffered the residual effects of his injuries for more than six months. See Stipulation, filed February 1, 2017, at ¶¶ 1-4. Respondent denies that the flu vaccine caused petitioner’s alleged TM, paraplegia, acute neurogenic bladder dysfunction, or any other injury, and further denies that petitioner’s current disabilities are sequelae of a vaccine-related injury. Stipulation at ¶ 6.

Nevertheless, the parties have agreed to settle the case. On February 1, 2017, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to issue the following payment:

A lump sum of $330,000.00 in the form of a check payable to petitioner, Randy Polk. This amount represents compensation for all damages that would be available under 42 § 300aa-15(a).

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

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2012)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review.

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