United States Court of Federal Claims, 2017

Murray v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided December 8, 2017 · Nora Beth Dorsey

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-575V Filed: April 21, 2017

UNPUBLISHED

**************************** SHARI MURRAY, *

Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine;

* Guillain-Barré Syndrome (“GBS”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, *

Respondent. *

**************************** John Howie, Jr., Howie Law, PC, Dallas, TX, for petitioner.

Debra Begley, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

Dorsey, Chief Special Master:

On May 12, 2016, 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 alleged that she suffered Guillain-Barré Syndrome (“GBS”) after receiving an influenza vaccination on January 21, 2017. Petition at 1, ¶¶ 1, 28; see also Stipulation, filed Apr. 20, 2017, at ¶¶ 1-2, 4. Petitioner further alleged that she received the vaccination in the United States, suffered the effects of her injury for more than six months, and has not received compensation for her injury, alleged as vaccine caused. Petition at ¶¶ 1, 26-27; see also Stipulation at ¶¶ 4-5. “Respondent denies that petitioner’s alleged GBS, was caused-in-fact by her flu vaccination.” Stipulation at ¶ 6.

Nevertheless, on April 20, 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.

Pursuant to the terms stated in the attached Stipulation, the undersigned awards $135,306.50 as follows:

1. A lump sum payment of $99,500.00, in the form of a check payable to petitioner; and

2. A lump sum payment of $35,806.50, representing compensation for full satisfaction of the State of Oregon Medicaid lien, in the form of a check payable jointly to petitioner and

Family Care c/o Subrogation Services, Inc.

722 Country Club Road Eugene, OR 97401

Petitioner agrees to endorse this payment to the State of Oregon. This amount represents compensation for all damages that would be available under §15(a).

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

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.

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).

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