McIntosh v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS ******************** * ETTA B. McINTOSH, * * No. 16-029V Petitioner, * Special Master Christian J. Moran * v. * Filed: August 11, 2017 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * transverse myelitis (“TM”). * Respondent. * ******************** * Diana L. Stadelnikas, Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner; Adriana R. Teitel, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1 On August 10, 2017, the parties filed a joint stipulation concerning the petition for compensation filed by Etta B. McIntosh on January 7, 2016. In her petition, petitioner alleged that the influenza (“flu”) vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received on October 28, 2013, caused her to sustain a vaccine-related injury diagnosed as transverse myelitis. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition.

The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).

Any redactions ordered by the special master will appear in the document posted on the website.

Respondent denies that petitioner’s alleged transverse myelitis and its residual effects were caused-in-fact by the flu vaccine. Respondent further denies that the flu vaccine caused petitioner any other injury or her current condition.

Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

Damages awarded in that stipulation include: a. A lump sum payment of $l,596.68, representing compensation for full satisfaction of the State of Alabama Medicaid lien, in the form of a check payable jointly to petitioner and Alabama Medicaid Agency.

Petitioner agrees to endorse this payment to Alabama Medicaid Agency, and forward the payment to: HMS Attention: AL Medicaid Subrogation Unit 2000 Interstate Park Drive, Suite 401 Montgomery, AL 36109 b. A lump sum payment of $l00,000.00 in the form of a check payable to petitioner, Etta B. McIntosh.

This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 16-029V according to this decision and the attached stipulation. 2

IT IS SO ORDERED.

S/Christian J. Moran Christian J. Moran Special Master

Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge.