Matthaes v. Secretary of Health and Human Services

Petition at 1-3. Because Ms. Isham has passed away, Deborah Matthaes (“petitioner”), as personal representative of Ms. Isham’s estate, was substituted as petitioner. Order dated March 24, 2017 (ECF No. 21).

On May 23, 2018, the parties filed a stipulation recommending an award of compensation to petitioner. Stipulation (ECF No. 51). Respondent denies that the flu vaccine caused petitioner to suffer from transverse myelitis or any other injury, or resulted in her death. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. 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 lump sum of $405,000.00, in the form of a check payable to petitioner.

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

The undersigned approves the requested amount for petitioner’s compensation.

Accordingly, an award should be made consistent with the stipulation.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 Any questions regarding this Order may be directed to the undersigned’s law clerk, Anna Miller, at (202) 357-6379, or [email protected].

IT IS SO ORDERED.

s/Nora B. Dorsey Nora B. Dorsey Chief Special Master

Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review.

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