Haynes-Bleau v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: September 5, 2019 ************************* FREDERICK W HAYNES, as the * Executor of the ESTATE of IMOGENE * HAYNES-BLEAU, * No. 17-356V

* Petitioner, * Special Master Sanders

v. *

*

SECRETARY OF HEALTH * Stipulation for Award; Pneumococcal AND HUMAN SERVICES, * Conjugate (“Prevnar”) Vaccine;

* Interstitial Lung Disease; Pulmonary

Respondent. * Fibrosis; Death.

************************* Shahid Manzoor, Manzoor Law Firm, Inc., Roseville, CA, for Petitioner.

Amy P. Kokot, United States Department of Justice, Washington, DC, for Respondent.

DECISION1 On March 15, 2017, Imogene Haynes-Bleau filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2012). Upon Ms. Haynes-Bleau’s death, Frederick Haynes (“Petitioner”) was substituted as the petitioner in this matter. Petitioner alleged that the pneumococcal conjugate (“Prevnar”) vaccine Ms. Haynes- Bleau received on January 14, 2015, caused her to suffer from a flare of rheumatoid arthritis (“RA”), interstitial lung disease, and/or pulmonary fibrosis. See Stip. at 1, ECF No. 52. Petitioner further alleged that Ms. Haynes-Bleau’s death was the sequela of her claimed vaccine-induced injury. Id. Finally, Petitioner alleged that Ms. Haynes-Bleau experienced the residual effects of her injury for more than six months. Id.

On August 30, 2019, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Id. at 2. Respondent denies that the Prevnar vaccine caused Ms. Haynes-Bleau’s alleged RA, interstitial lung disease, pulmonary fibrosis, or any other injury. Id. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. I find the stipulation reasonable and adopt 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 $200,000.00 in the form of a check payable to [P]etitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

Id.

I approve 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.3

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