Boone v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS Filed: May 3, 2019

************************* LESLIE STEPHENS MCKENZIE, as * No. 16-1191V Personal Representative of the Estate of * NATHANIEL J. BOONE, *

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Petitioner, * Special Master Sanders

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v. *

*

SECRETARY OF HEALTH * Stipulation for Award; Influenza (“flu”) AND HUMAN SERVICES, * Vaccine; Meningococcal Vaccine;

* Transverse Myelitis (“TM”) Respondent. *

************************* Nancy Routh Meyers, Ward Black Law, Greensboro, NC, for Petitioner.

Glenn A. MacLeod, United States Department of Justice, Washington, D.C., for Respondent.

DECISION1

On September 23, 2019, Nathaniel J. Boone (“Mr. Boone”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10–34 (2012); ECF No. 1. The petition alleged that the influenza (“flu”) and meningococcal vaccines Mr. Boone received on October 28, 2013, caused him to suffer from transverse myelitis (“TM”). See Stip. at 2, ECF No. 52. While the petition was pending, Mr. Boone was substituted by Leslie Stephens McKenzie (“Petitioner”), as Personal Representative of the Estate of Mr. Boone, upon Mr. Boone’s death.3

On May 3, 2019, the parties filed a stipulation in which they stated that a decision should be entered awarding compensation to Petitioner. Id. Respondent denies that the flu or meningococcal vaccines caused Mr. Boone’s alleged TM or his 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. A lump sum of $25,000.00, which amount represents reimbursement of a lien for services provided to Mr. Boone from the State of North Carolina, in the form of a check payable jointly to [P]etitioner and

NC Division of Health Benefits Office of the Controller 2022 Mail Service Center Raleigh, NC 27699-2022

Petitioner agrees to endorse this payment to the State of North Carolina; and

b. A lump sum of $150,000.00 in the form of a check payable to

[P]etitioner . . . represent[ing] compensation for all other damages that would be available under 42 U.S.C. § 300aa-15(a).

Id.

The undersigned approves the requested amounts 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