Blanco v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1142V (not to be published) ************************* ISMAEL BLANCO, * Special Master Corcoran * * Petitioner, * Filed: March 12, 2018 * v. * * Decision by Stipulation; Damages; SECRETARY OF HEALTH * Chronic Inflammatory Demyelinating AND HUMAN SERVICES, * Polyneuropathy (“CIDP”); Influenza (“flu”) * Vaccine.

Respondent. * * ************************* Nancy Routh Meyers, Ward Black Law, Greensboro, NC, for Petitioner.

Claudia Barnes Gangi, U.S. Dep’t of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1 On September 14, 2016, Ismael Blanco filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 The petition alleges that Mr. Blanco suffered from Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”) as a result of his October 9, 2013 Influenza (“flu”) vaccine.

Respondent denies that the flu vaccine caused Petitioner’s CIDP. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on March 12, 2018) Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’s website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa- 12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain kinds of confidential information.

Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request 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). Otherwise, the whole Decision in its present form will be available. Id. The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation.

I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein.

The stipulation awards:  A lump sum of $190,000.00, in the form of a check payable to Petitioner, Mr. Ismael Blanco.

Stipulation ¶ 8. This amount represents compensation for all damages that would be available under Section 15(a) of the Act.

I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the Court is directed to enter judgment herewith.3

IT IS SO ORDERED.

/s/ Brian H. Corcoran Brian H. Corcoran Special Master

Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review.