Marshall v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-491V

Filed: June 1, 2017

Not for Publication

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FELICIA MARSHALL, * *

Petitioner, * Damages decision based on * stipulation; Guillain-Barré v. * Syndrome (“GBS”); chronic * inflammatory demyelinating SECRETARY OF HEALTH * polyneuropathy (“CIDP”); human AND HUMAN SERVICES, * papillomavirus (“HPV”) vaccine *

Respondent. * * *************************************

F. John Caldwell, Jr., Sarasota, FL, for petitioner.

Lara D. Englund, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES 1

On June 1, 2017, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered Guillain-Barré Syndrome (“GBS”) and chronic inflammatory demyelinating polyneuropathy (“CIDP”) due to her June 21, 2011 receipt of the human papillomavirus (“HPV”) vaccine. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Respondent denies that the HPV vaccine caused petitioner’s alleged GBS, CIDP, any other injury, or her current condition. Nonetheless, the parties agreed to resolve this matter informally.

The undersigned finds the terms of the stipulation to be reasonable. The court adopts the parties’ stipulation, attached, and awards compensation in the amount and on the terms set forth in the stipulation. Pursuant to the stipulation, the court awards: a. a lump sum of $162,098.63, representing compensation for first year life care expenses ($9,952.00), pain and suffering ($150,000.00), and past unreimbursable expenses ($2,146.63). This award shall be in the form of a check made payable to petitioner; and b. a lump sum of $156,364.73, which amount represents reimbursement of a Medicaid lien for services rendered on behalf of Felicia Marshall. The award shall be in the form of a check made payable jointly to Felicia Marshall and

First Recovery Group, LLC

P.O. Box 771932

Detroit, MI 48277-1932

Attn: Brett Huebner

FRG File No.: 655267-114016

Petitioner agrees to endorse this check to First Recovery Group, LLC; 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.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith. 2

IT IS SO ORDERED.

Dated: June 1, 2017 s/ Laura D. Millman Laura D. Millman Special Master