United States Court of Federal Claims, 2018

Littrell v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided December 3, 2018 · Herbrina Sanders

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS Filed: October 31, 2018

***************************** SHARON LITTRELL, as Personal Representative * No. 17-796V of the Estate of VALENA YVONNE CAHILL, * deceased, *

Petitioner, * Special Master Sanders

v. *

* Stipulation for Award; Influenza SECRETARY OF HEALTH * (“flu”) Vaccine; Guillain-Barré AND HUMAN SERVICES, * Syndrome (“GBS”); Death

Respondent. *

***************************** Joseph Alexander Vuckovich, Maglio Christopher and Toale, PA, for Petitioner. Robert Paul Coleman, III, United States Department of Justice, Washington, D.C., for Respondent.

DECISION1

On June 14, 2017, Leo Cahill (“Mr. Cahill”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program as Personal Representative of the Estate of Valena Yvonne Cahill (“Ms. Cahill”), deceased.2 42 U.S.C. §§ 300aa-10 to -34 (2012). While the petition was pending, Sharon Littrell (“Petitioner”) replaced Mr. Cahill as Personal Representative of the Estate of Ms. Cahill upon Mr. Cahill’s death.3 The petition alleged that the influenza (“flu”) vaccine Ms. Cahill received on December 3, 2015, caused her to suffer from Guillain-Barré Syndrome (“GBS”), which resulted in her death. See Stip. at 2, ECF No. 33.

On October 31, 2018, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Id. Respondent denies that the flu vaccine caused Petitioner’s alleged GBS and death. Id. 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 $120,000.00 in the form of a check payable to [P]etitioner as Legal Representative of the Estate of Valena Yvonne Cahill. This amount represents compensation for all remaining damages that would be available under 42 U.S.C. § 300aa-15(a).

Id.

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.4

IT IS SO ORDERED. s/Herbrina D. Sanders Herbrina D. Sanders Special Master

1 This decision shall be posted on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2012)). As provided by Vaccine Rule 18(b), each party has 14 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). 2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755. Hereafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). 3 By Order dated February 12, 2018, the undersigned granted Petitioner’s motion to substitute Ms. Littrell as Petitioner in the above-captioned case. 4 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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