Turner v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 08-864V Filed: April 25, 2017

* * * * * * * * * * * * * UNPUBLISHED LISA TURNER, *

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Petitioner, * Special Master Gowen

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v. * Joint Stipulation on Damages;

* Hepatitis B (“Hep B"); Multiple SECRETARY OF HEALTH * Sclerosis (“MS”); Optic Neuritis AND HUMAN SERVICES, *

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Respondent. *

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* * * * * * * * * * * * * Michael McLaren, Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN, for petitioner. Lara Englund, United States Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On December 4, 2008, Lisa Turner (“petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to 34 (2012). Petitioner alleged that as a result of receiving a Hepatitis B (“Hep B”) vaccine on December 20, 2005, she developed multiple sclerosis (“MS”), optic neuritis, and other injuries which persisted for over six months. Petition at ¶¶ 2-3.

On April 18, 2016, the undersigned determined in a written opinion that petitioner is entitled to compensation after finding that petitioner suffered from multiple sclerosis as a result of the Hep B vaccination. ECF 120. Respondent continues to maintain his contrary position and denies that the Hep B vaccine was the cause of petitioner’s multiple sclerosis or any other injury, but will not seek review of the undersigned’s determination of entitlement. Stipulation at ¶ 7. The parties now 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 in compensation: a. A lump sum of $999,421.95, which amount represents compensation for first-year life care expenses ($85,803.31); lost earnings ($688,787.66); pain and suffering ($210,795.70); and past unreimbursable expenses ($14,035.28), in the form of a check payable to petitioner;

b. A lump sum of $8,878.10, which amount represents reimbursement of a Medicaid lien for services rendered on behalf of petitioner, in the form of check payable jointly to petitioner and

North Carolina Department of Health and Human Services

Division of Medial Assistance 2022 Mail Service Center Raleigh, NC 27699-2022 Attn: Anita Butler Case Number: 213927 Medicaid/Health Choice ID: 901030324L

Petitioner agrees to endorse this payment to the North Carolina Department of Health and Human Services, Division of Medical Assistance.

c. An amount sufficient to purchase the annuity contract described in ¶10 of the

Stipulation, paid to the life insurance company from which the annuity will be purchased.

Id. at ¶ 9.

The undersigned approves the requested amount for petitioner’s compensation. Accordingly, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3

IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master