United States Court of Federal Claims, 2019

Briggs v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided December 30, 2019 · Thomas L. Gowen

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: December 2, 2019 * * * * * * * * * * * * * UNPUBLISHED EMILY BRIGGS, * * No. 15-737V Petitioner, * v. * Special Master Gowen *

SECRETARY OF HEALTH * Meningococcal Conjugate AND HUMAN SERVICES, * (“Menactra”); Severe Aplastic * Anemia; Stipulation. Respondent. * * * * * * * * * * * * * *

Richard Gage, Cheyenne WY, for petitioner.

Voris E. Johnson, United States Department of Justice, Washington, DC, for respondent.

DECISION ON STIPULATION1

On July 16, 2015, Emily Briggs (“petitioner”)2 filed a petition for compensation within the National Vaccine Injury Compensation Program.3 Petition (ECF No. 1). Petitioner received a meningococcal conjugate vaccine (“Menactra”) on August 2, 2012. Stipulation filed December 2, 2019 (ECF No. 93) (“Stipulation”) at ¶ 2. Petitioner alleged that she subsequently suffered the injury of severe aplastic anemia, which she alleges was caused-in-fact by the Menactra vaccine. Id. at ¶ 4. Petitioner further alleges that she experienced the residual effects of her injury for more than six months. Id.

On December 2, 2019, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation. Respondent denies that the Menactra vaccine caused petitioner’s severe aplastic anemia and alleged residual effects, or any other injury. Id. at ¶ 6. Maintaining their respective positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding compensation according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7.

The stipulation awards:

1) A lump sum of $35,000.00, in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

I adopt the stipulation as the decision of the Court in awarding damages. I hereby award compensation in the amount and on the terms set forth therein. Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.4 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master

1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I intend to post it on the website of the United States Court of Federal Claims. The Court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the opinion is posted on the Court’s website, each party has 14 days to file a motion requesting 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). An objecting party must provide the Court with a proposed redacted version of the opinion. Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the Court’s website without any changes. Id. 2 The petition was originally brought by Lauren Briggs on behalf of her then-minor daughter Emily. Emily subsequently reached the age of majority and was substituted as the petitioner in this matter by the Court’s Order issued September 26, 2017 (ECF No. 44). 3 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 4 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a).

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