United States Court of Federal Claims, 2019

Mullis v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided May 1, 2019 · Brian H. Corcoran

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 17-390V (not to be published)

************************* THERESA MULLIS, *

* * Special Master Corcoran *

Petitioner, * Filed: March 12, 2019

* v. *

* Decision by Stipulation; Influenza Vaccine; SECRETARY OF HEALTH * Transverse Myelitis. AND HUMAN SERVICES, *

* Respondent. *

* ************************* Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.

Justine E. Walters, U.S. Dep’t of Justice, Washington, DC, for Respondent.

DECISION ON STIPULATION1

On March 20, 2017, Theresa Mullis filed a petition seeking compensation under the National Vaccine Injury Compensation Program.2 ECF No. 1. Petitioner alleges that she suffered from transverse myelitis as a result of the influenza vaccine she received on September 22, 2015. Id. at 1. Respondent initially recommended that Petitioner be denied compensation. Rule 4(c) Report at 2, filed Oct. 10, 2018 (ECF No. 28). However, the parties elected to engage in settlement negotiations, and although Respondent maintains his position that the influenza vaccine did not cause Petitioner’s injury, the parties filed a stipulation on March 8, 2019. See Stip. at 1–2 (ECF No. 33).

Based upon my own review of the record, 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 $150,000.00, in the form of a check payable to Petitioner. Stip. at 2. This amount represents compensation for all damages under Section 15(a) of the Act to which Petitioner is entitled.

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

1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012).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 will be available online in its present form. Id. 2 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”). 3 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.

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