Bell-O'neal v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

********************* DEMETRICE BELL-O’NEAL * on behalf of A.O., a minor child, * No. 13-835V

* Petitioner, * Special Master Christian J. Moran

* v. * Filed: November 30, 2015

* SECRETARY OF HEALTH * Stipulation; influenza (“Flu”) vaccine; AND HUMAN SERVICES, * Guillain-Barré syndrome (“GBS”).

* Respondent. *

********************* Diana L. Stadelnikas Sedar, Maglio, Christopher & Toale, PA, Sarasota, FL, for Petitioner; Claudia B. Gangi, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1

On November 20, 2015, respondent filed a joint stipulation concerning the petition for compensation filed by Demetrice Bell-O’Neal, on behalf of her daughter, A.O., on October 25, 2013. In her petition, Ms. Bell-O’Neal alleged that the influenza (“flu”) vaccine which A.O. received on January 11, 2012, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused A.O. to suffer Guillain-Barré Syndrome (“GBS”). Petitioner represents that there has been no prior award or settlement of a civil action for damages on behalf of A.O. as a result of her condition.

Respondent denies that the Flu vaccine caused A.O. to suffer GBS or any other injury or her current condition.

Nevertheless, the parties agree to the joint stipulation, attached hereto as “Appendix A.” The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

Damages awarded in that stipulation include: a. A lump sum of $810,427.27, which amount represents compensation for first year life care expenses ($153,594.84), lost future earnings ($406,832.43), and pain and suffering ($250,000.00), in the form of a check payable to petitioner as guardian/conservator of the estate of A.O. for the benefit of A.O. No payments shall be made until petitioner provides respondent with documentation establishing that she has been appointed as the guardian/conservator of A.O.’s estate;

b. A lump sum of $8,772.26, which amount represents reimbursement of a lien for services rendered on behalf of A.O., in the form of a check payable jointly to petitioner and

Georgia Department of Community Health 900 Circle 75 parkway Suite 650 Atlanta, GA 30339 Case No: 156901/0000233137

Petitioner agrees to endorse this payment to the State of Georgia. c. A lump sum of $24,595.20, which amount represents reimbursement of a lien for services rendered on behalf of A.O., in the form of a check payable jointly to petitioner and

Peach State Health Plan 5615 High Point Drive, Suite 100 Attn: Case Management Dept. Irving, Texas 75038 Recipient ID: GA01111989738884

Petitioner agrees to endorse this payment to Peach State Health Plan. d. An amount sufficient to purchase the annuity contract described in paragraph 10 of the stipulation attached hereto as “Appendix A,” paid to the life insurance company from which the annuity will be purchased (the "Life Insurance Company").2

In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 13-835V according to this decision and the attached stipulation.3

Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357- 6360.

IT IS SO ORDERED. s/ Christian J. Moran Christian J. Moran Special Master