Murphy v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 15-1398V Filed: May 9, 2017

* * * * * * * * * * * * * * Special Master Sanders SUSAN MURPHY, *

*

Petitioner, * Joint Stipulation on Damages; Influenza

* (“Flu”) Vaccine; Chronic Inflammatory v. * Demyelinating Polyneuropathy (“CIDP”);

* Annuity.

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

* * * * * * * * * * * * * * Pamela L. Cameron, Moore O’Brien & Foti, Middlebury, CT, for Petitioner.

Adriana R. Teitel, United States Department of Justice, Washington, DC, for Respondent.

DECISION1

On November 19, 2015, Susan Murphy (“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 January 9, 2013, she suffered from chronic inflammatory demyelinating polyneuropathy (“CIDP”). See Stipulation for Award at ¶¶ 1-4, filed May 9, 2017.

On May 9, 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 CIDP 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 $575,000.00, in the form of a check payable to petitioner.

This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a), except as set forth in paragraph b below; and

b. 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