Prysock v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 15-1024V Filed: March 28, 2017

* * * * * * * * * * * * * * Special Master Sanders CORNELIOUS PRYSOCK, *

* Joint Stipulation on Damages; Influenza Petitioner, * (“Flu”) Vaccine; Guillain-Barre Syndrome

* (“GBS”); Annuity. v. *

*

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

* * * * * * * * * * * * * * Simina Vourlis, Law Offices of Simina Vourlis, Columbus, OH, for Petitioner. Darryl Wishard, United States Department of Justice, Washington, DC, for Respondent.

DECISION1

On September 14, 2015, Cornelious Prysock (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner alleged that as a result of an influenza (“flu”) vaccine administered on October 22, 2012, he suffered from Guillain-Barre Syndrome (“GBS”). See Stipulation for Award at ¶¶ 1-4, filed March 28, 2017. Petitioner further alleged that he experienced symptoms of this injury for more than six months. Id. at ¶ 4.

On March 28, 2017, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Respondent denies that the flu vaccine caused Petitioner’s GBS or any other injury, and denies that Petitioner’s current disabilities are the result of a vaccine-related injury. 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 Petitioner shall receive the following compensation:

a. A lump sum of $817,143.29, which amount represents compensation for first year life care expenses ($185,647.00), lost earnings ($380,000.00), pain and suffering ($250,000.00), and past unreimbursable expenses ($1,496.29), in the form of a check payable to petitioner;

b. A lump sum of $22,362.04, which amount represents reimbursement of a lien for services rendered on behalf of petitioner, Cornelious Prysock, in the form of a check payable jointly to petitioner and

Treasurer, State of Ohio Ohio Tort Recovery Unit

350 Worthington Road, Suite G

Westerville, Ohio 43082

Case Number: 1045910

Petitioner agrees to endorse this payment to the State of Ohio; and c. An amount sufficient to purchase the annuity contract described in paragraph 10 of the attached stipulation, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”).

Id. at ¶ 8.

The undersigned approves the requested amount for Petitioner’s 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