United States Court of Federal Claims, 2017

Bennett 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: September 13, 2016) No. 15-65V

* * * * * * * * * * * * * UNPUBLISHED LEAH HAWKINS BENNETT, * as Personal Representative of the * Estate of VARNADORA * Decision on Joint Stipulation; MCNEAL HAWKINS, deceased * Guillain-Barre Syndrome

* (“GBS”); Death; Petitioner, * Influenza (“Flu”) Vaccine.

* v. *

* SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

* * * * * * * * * * * * * * Alison Haskins, Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner. Adriana Teitel, US Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

Roth, Special Master:

On January 22, 2015, Leah Hawkins Bennett (“Petitioner”) filed a petition for compensation as personal representative of her deceased mother, Varnadora McNeal Hawkins, under the National Vaccine Injury Compensation Program.2 Petitioner alleges that Ms. Hawkins developed Guillain-Barre Syndrome (“GBS”) as a result of receiving an influenza vaccination on October 4, 2013, and died on July 11, 2014, as a result of GBS-related sequela. See Stipulation, filed September 12, 2016, at ¶¶ 1-4. Respondent denies that the influenza immunization caused Ms. Hawkins’ alleged GBS or death. Stipulation at ¶ 6.

Nevertheless, the parties have agreed to settle the case. On September 12, 2016, 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 $360,000.00 in the form of a check payable to petitioner as legal representative of the Estate of Varnadora McNeal Hawkins. This amount represents compensation for all damages that would be available under § 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in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 (2006)). 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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