United States Court of Federal Claims, 2017

Dominguez v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided April 10, 2017 · Herbrina Sanders

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 15-280V Filed: March 13, 2017

* * * * * * * * * * * * * * ANNETTE DOMINGUEZ and LYDIA * FAZEKAS, as Personal Representatives * UNPUBLISHED of the Estate of REBECCA C. ARANA, *

Petitioners, * Special Master Sanders

v. *

* Joint Stipulation on Damages; Influenza SECRETARY OF HEALTH * (“Flu”) Vaccine; Guillain-Barré Syndrome AND HUMAN SERVICES, * (“GBS”); Lambert Eaton Myasthenic

* Syndrome (“LEMS”); Death. Respondent. *

* * * * * * * * * * * * * * Jeffrey S. Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for Petitioner. Gordon E. Shemin, United States Department of Justice, Washington, DC, for Respondent.

DECISION1

On March 18, 2015, Annette Dominguez and Lydia Fazekas (“Petitioners”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program,2 42 U.S.C. §§ 300aa-10 to -34 (2012), as the personal representatives of the Estate of Rebecca C. Arana. Petitioners alleged that, as a result of an influenza (“flu”) vaccine administered on October 5, 2012, Ms. Arana developed Guillain-Barré Syndrome (“GBS”) and Lambert Eaton Myasthenic Syndrome (“LEMS”). See Stipulation ¶ ¶ 1-4, filed Mar. 13, 2017. Petitioners further alleged that Ms. Arana’s death was a sequela of either her GBS or LEMS. Id. at ¶ 4.

On March 13, 2017, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioners. Id. at ¶ 7. Respondent denies that the flu vaccine caused Ms. Arana’s death, or any other injury. Id. at ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

The parties stipulate that Petitioners shall receive the following compensation:

A lump sum of $175,000.00 in the form of a check payable to petitioners as the Legal Representatives of the Estate of Rebecca C. Arana. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

Id. at ¶ 8.

The undersigned approves the requested amount for Petitioners’ compensation. Accordingly, an award should be made consistent with the stipulation.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3

IT IS SO ORDERED. s/Herbrina D. Sanders Herbrina D. Sanders Special Master

1 This decision shall be posted on the website of the United States Court of Federal Claims, 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)). As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). 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 is expedited by the parties’ joint filing of notice renouncing the right to seek review.

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