McMahon v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-429V Filed: August 31, 2017 UNPUBLISHED

EDWARD MCMAHON, Special Processing Unit (SPU); Joint Petitioner, Stipulation on Damages; Influenza v. (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration SECRETARY OF HEALTH AND (SIRVA) HUMAN SERVICES, Respondent.

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.

Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On April 4, 2017, 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 he suffered a shoulder injury related to vaccine administration following the administration of the influenza vaccine on December 1, 2014. Petition at ¶¶ 3-4, 11; Stipulation, filed Aug. 31, 2017, at ¶ 1-2, 4. Petitioner further alleges he received the vaccination in the United States, suffered the residual effects of his injury for more than six months, and has never received compensation for his injury, alleged as vaccine caused. Petition at ¶¶ 3, 11, 13; Stipulation at ¶¶ 3-5.

“Respondent denies that the flu vaccine caused petitioner’s left shoulder pain or any other injury or his current disabilities.” Stipulation at ¶ 6.

Nevertheless, on August 31, 2017, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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.

2National 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). 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 the following compensation: 1. A lump sum payment of $70,000.00, the form of a check payable to petitioner; and 2. A lump sum of $1,457.60, representing compensation for satisfaction of the University Family Care Medicaid lien, in the form of a check payable jointly to petitioner and University Family Care c/o HMS P.O. Box 166559 Irving, TX 75016-6559 Case No.: 108191 Attn: Patrice Davis 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. Petitioner agrees to endorse this payment to University Family Care.

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.