United States Court of Federal Claims, 2017

Henderson v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided September 29, 2017 · Nora Beth Dorsey

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 16-0127V Filed: March 3, 2017 UNPUBLISHED

**************************** PARIS HENDERSON, *

Petitioner, * Joint Stipulation on Damages; v. * Tetanus-Diphtheria-Acellular Pertussis

* (“Tdap”) and Measles-Mumps-Rubella SECRETARY OF HEALTH * (“MMR”) Vaccines; Shoulder Injury AND HUMAN SERVICES, * Related to Vaccine Administration

* (“SIRVA”); Special Processing Unit Respondent. * (“SPU”)

**************************** Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.

Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

Dorsey, Chief Special Master:

On January 27, 2016, Paris Henderson (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that she developed cellulitis and a shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving a Tetanus-diphtheria-acellular pertussis (“Tdap”) and measles-mumps-rubella (“MMR”) vaccines on July 16, 2014. Petition at 1; Stipulation, filed March 3, 2017, at ¶ 4. Petitioner further alleges that she experienced the residual effects of her injury for more than six months. Stipulation at ¶ 4. “Respondent denies that the Tdap and/or MMR immunizations are the cause of petitioner’s alleged cellulitis, SIRVA or any other injury, or her current condition.” Stipulation at ¶ 6.

Nevertheless, on March 3, 2017, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. 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 $110,000.00, in the form of a check payable to petitioner.

Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under 42 U.S.C. § 300aa-15(a). Id.

(b) A lump sum of $3,977.32, which amount represents reimbursement of a lien for services rendered on behalf of petitioner, in the form of a check payable jointly to petitioner and

The Commonwealth of Virginia Department of Medical Assistance Services Accounts Receivable, TPL Unit, 8th Fl 600 East Broad Street Richmond, Virginia 23219 Attn: Marcie Hill-Johnson

Petitioner agrees to endorse the check to the Commonwealth of Virginia. The undersigned approves the requested amount for petitioner’s compensation.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it 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), petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review.

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