Cage v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-38V Filed: June 11, 2018 UNPUBLISHED

SHARON PERKINS CAGE, as Personal Representative of Special Processing Unit (SPU); Joint the Estate of TOMMIE CAGE Stipulation on Damages; Influenza (Flu) Vaccine; Transverse Myelitis Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.

Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On January 8, 2016, Tommie Cage filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Upon Mr. Cage’s death, Sharon Perkins Cage (“petitioner”), as personal representative of Mr. Cage’s estate, was substituted as the petitioner. Mr. Cage alleges that he suffered transverse myelitis (“TM”) as a result of receiving an influenza (“flu”) vaccination. Petition at 1-2; Stipulation, filed May 31, 2018, at ¶¶ 1, 4. Petitioner further alleges that the vaccine was administered within the United States, that Mr. Cage’s death was the sequela of his alleged vaccine-related injury, and that there has been no prior award or settlement of a civil action for damages on behalf of Mr. Cage as a result of his alleged vaccine-related injuries and/or his death. Petition at 3-4; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused Mr. Cage’s alleged TM or any Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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.

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). other injury, and denies that Mr. Cage’s death was a sequela of his alleged vaccine- related injuries.” Stipulation at ¶ 6.

Nevertheless, on May 31, 2018, 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 the following compensation: (1) Petitioner a lump sum payment of $300,000.00 in the form of a check payable to petitioner, Sharon Perkins Cage as personal representative of Mr. Cage’s estate. This amount represents compensation for all damages that would be available under § 300aa-15(a); and (2) A lump sum payment of $38,423.59, representing reimbursement of a State of Michigan Medicaid lien, in the form of a check payable jointly to petitioner3 and: Michigan Department of Health and Human Services Third Party Liability Division P.O. Box 30435 Lansing, MI 48909 Attn: Ashley Kagey

(3) A lump sum payment of $87.92, representing reimbursement of a State of Michigan Medicaid lien, in the form of a check payable jointly to petitioner4 and: Molina Healthcare of Michigan c/o Equian, LLC P.O. Box 771932 Detroit, MI 48277-1932 File No. 717950-113016 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.5 IT IS SO ORDERED.

Petitioner agrees to endorse this payment to the Michigan Department of Health and Human Services.

Petitioner agrees to endorse this payment to Molina Healthcare of Michigan.

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