Estate of Glenn Meramo v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: June 27, 2017 * * * * * * * * * * * * * Estate of GLENN MERAMO, by * NANCY MERAMO, Executrix, * UNPUBLISHED * Petitioner, * No. 15-1234V * v. * Special Master Gowen * SECRETARY OF HEALTH * Joint Stipulation; Influenza (“Flu”) AND HUMAN SERVICES, * Vaccine; Guillain-Barré Syndrome * (“GBS”); Chronic Inflammatory Respondent. * Demyelinating Polyneuropathy * (“CIDP”); Death. * * * * * * * * * * * * * Cliff J. Shoemaker, Shoemaker, Gentry & Knickelbein, Vienna, VA, for petitioner.

Debra A. Begley, United States Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1 On October 22, 2015, petitioner Nancy Meramo, as executrix of the estate of Glenn Meramo, filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to 34 (2012).2 Petitioner alleges that as a result of an influenza (“flu”) vaccine received on November 14, 2013, Glenn Meramo suffered Guillain-Barré Syndrome (“GBS”) and Chronic Inflammatory Demyelinating Polyneuropathy

Because this decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the website of the United States Court of Federal Claims, pursuant to the E- Government Act of 2002, see 44 U.S.C. § 3501 note (2012). The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the decision is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision will be posted on the court’s website. Id. The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. (“CIDP”). Joint Stipulation at ¶ 4. Petitioner further alleges that these injuries caused or contributed to Mr. Meramo’s death. Id. at ¶ 5.

On June 27, 2017, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that the flu vaccine caused Mr. Meramo’s alleged GBS, CIDP, or any other injury. Id. at ¶ 6. Respondent further denies that Mr. Meramo’s death was a sequela of a vaccine-related injury. Id. 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 in compensation: 1) A lump sum of $55,000.00 in the form of a check payable to petitioner Nancy Meramo, as executrix of the estate of Glenn Meramo. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa- 15(a). Stipulation at ¶ 8.

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

Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review.