Byrd v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS (Filed: February 1, 2017) No. 16-162V

* * * * * * * * * * * * * DEBRA BYRD, * UNPUBLISHED

* Petitioner, * Decision on Joint Stipulation;

* Guillain-Barre Syndrome v. * (“GBS”); Influenza (“Flu”)

* Vaccine.

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

* * * * * * * * * * * * * * Edwin Howard, Bonville & Howard, Fitchburg, MA, for petitioner.

Debra Begley, US Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

Roth, Special Master:

On June 4, 2014, Debra Byrd [“Ms. Byrd,” or “petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that she developed Guillain-Barre Syndrome (“GBS”) as a result of receiving an influenza vaccination on February 5, 2013. See Stipulation, filed February 1, 2017, at ¶¶ 1-4. Respondent denies that the influenza immunization caused petitioner’s 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 payments:

1. A lump sum of $185,000.00 in the form of a check payable to petitioner,

Debra Byrd. This amount represents compensation for all damages that would be available under § 300aa-15(a); and

2. A lump sum of $39,000.00 in form of a check payable jointly to petitioner and petitioner’s counsel, Edwin Howard, for reasonable attorneys’ fees and costs, and, in compliance with General Order #9, no out-of-pocket expenses were incurred by petitioner.3

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.4 IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master