F. v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 17-0930V

Originally Filed: December 11, 2018 Refiled in Redacted Form: June 20, 2019

UNPUBLISHED

A.F.,

Petitioner, v. Special Processing Unit (SPU); Joint

Stipulation on Damages; Influenza SECRETARY OF HEALTH AND (Flu) Vaccine; Guillain-Barre HUMAN SERVICES, Syndrome (GBS)

Respondent.

Andrew Gordon Melling, McNair Law Firm, P.A., Columbia, South Carolina, for petitioner.

Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

Dorsey, Chief Special Master:

On July 11, 2017, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that he suffered Guillain Barre Syndrome (“GBS”) resulting from adverse effects of an influenza vaccination received on October 7, 2016. Petition at 1; Stipulation, filed December 11, 2018, at ¶¶ 1-4. Petitioner further alleges that he received the vaccination in the United States, his GBS persisted for more than six months, and he has not filed an action or received compensation in the form of an award or settlement for his vaccine-related injury. Petition at 1-2; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused petitioner’s alleged GBS or any other injury and further denies that his current disabilities are a sequela of a vaccine-related injury. ” Stipulation at ¶ 6.

Nevertheless, on December 11, 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:

A lump sum of $396,480.14 in the form of a check payable to petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under § 15(a). Id. 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.3 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

*************************

*

A F *

*

Petitioner, *

*

V. * No.17-930V (ECF)

* Chief Special Master * NORA BETH DORSEY

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

*

Respondent *

*************************

STIPULATION

The parties hereby stipulate to the following matters:

1. Petitioner, A F filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the trivalent influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a).

2. Petitioner received a flu vaccine on or about October 7, 2016. 3. The vaccine was administered within the United States.

4. Petitioner alleges that he suffered Guillain-Barre Syndrome ("GBS") as a consequence of the flu immunization he received on or about October 7, 2016, and further alleges that he suffered the residual effects of this injury for more than six months.

5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition.