United States Court of Federal Claims, 2019

Golding v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided February 19, 2019 · Laura D. Millman

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-1132V

Filed: January 23, 2019

Not for Publication *************************************

CHERON GOLDING, * *

Petitioner, * * Damages decision based on v. * stipulation; influenza (“flu”) * vaccine; transverse myelitis SECRETARY OF HEALTH * (“TM”) AND HUMAN SERVICES, * *

Respondent. * * *************************************

Randall G. Knutson, Mankato, MN, for petitioner.

Glenn A. Macleod, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES1

On January 23, 2019, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that influenza “flu” vaccine she received on October 17, 2013 caused her to suffer from transverse myelitis (“TM”), neuromyelitis optica (“NMO”), diplopia, dysarthria, facial droop, extreme incontinence and constipation, paresthesia, numbness and weakness to all extremities, and gait dysfunction. Respondent denies that the flu vaccine caused petitioner’s TM or any other injury. Nonetheless, the parties agreed to resolve this matter informally.

The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards: a. A lump sum of $550,638.35, which amount represents compensation for first year life care expenses ($28,080.00), lost earnings ($337,558.35), and pain and suffering ($185,000.00), in the form of a check payable to petitioner; and b. A lump sum of $46,740.32 which amount represents reimbursement of a lien for services rendered on behalf of petitioner, in the form of a check payable jointly to petitioner and Duchess County Department of Community and Family Services Community and Family Services Legal Bureau Market Street

Poughkeepsie, NY 12601-3294 CDR ID# 105269

ID#: 65-EX39435Y

Attn: Thomas P. Delpizzo, Esq.; and c. An amount sufficient to purchase the annuity contract described in paragraph 10 of the attached stipulation.

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.2

IT IS SO ORDERED.

Dated: January 23, 2019 /s/ Laura D. Millman Laura D. Millman Special Master

1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). This means the ruling will be available to anyone with access to the Internet. Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to delete such information prior to the document’s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall delete such material from public access. 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review.

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