United States Court of Federal Claims, 2017

Ferg v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided July 7, 2017 · Herbrina Sanders

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS Filed: June 8, 2017

* * * * * * * * * * * * * * MICHAEL FERG as personal * No. 16-1285V representative of the Estate of Sarah * Morcos, *

Petitioner, * Special Master Sanders

v. *

* Joint Stipulation on Damages; Influenza SECRETARY OF HEALTH * (“Flu”) Vaccine; Transverse Myelitis AND HUMAN SERVICES, * (“TM”); Death.

Respondent. *

* * * * * * * * * * * * * * John R. Howie, Jr., Howie Law, PC, Dallas, TX, for Petitioner.

Heather L. Pearlman, United States Department of Justice, Washington, DC, for Respondent.

DECISION1

On October 6, 2016, Michael Ferg (“Petitioner”), on behalf of the estate of Sarah Morcos, petitioned for compensation 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 an influenza (“flu”) vaccine administered on October 11, 2013, Ms. Morcos developed transverse myelitis (“TM”) and subsequently died due to her alleged vaccine-related injury. Stipulation, ECF No. 31.

On June 8, 2017, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Id. Respondent denies that the influenza vaccine caused Ms. Morcos to develop TM or any other injury, and further denies that the vaccine caused her death. Id. at 2. 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] lump sum payment of $300,000.00, in the form of a check payable to petitioner as conservator/legal representative of Sarah Morcos’ estate. 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 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

1 This decision shall be posted on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information that satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, the undersigned agrees that the identified material fits within the requirements of that provision, such material will be deleted from public access. 2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act,” “the Act,” or “the Program”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the Act. 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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