Jenkins v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS Filed: November 22, 2019

************************* STEVEN JENKINS, * No. 16-1614V

*

Petitioner, * Special Master Sanders

* v. *

* SECRETARY OF HEALTH * Stipulation for Award; Influenza (“flu”) AND HUMAN SERVICES, * vaccine; Transverse Myelitis (“TM”)

* Respondent. *

************************* Danielle Strait, Maglio Christopher & Toale, Seattle, WA, for Petitioner.

Mallori Openchowski, United States Department of Justice, Washington, DC, for Respondent.

DECISION 1

On December 6, 2016, Steven Jenkins (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa-10 to -34 (2012). Petitioner alleged that the influenza (“flu”) vaccine he received on October 20, 2015, caused him to develop transverse myelitis (“TM”). See Stip. at 1, ECF No. 57. Petitioner further alleged that he experienced the residual effects of his injury for more than six months. Id.

On November 22, 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 flu vaccine caused Petitioner’s alleged TM, or any other injury. Id. at 1–2. 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 the Secretary of Health and Human Services will issue the following vaccine compensation payments:

a. A lump sum of $355,744.28, which amount represents compensation for first year life care expenses ($110,673.52), pain and suffering ($170,000.00), and past unreimbursable expenses ($75,070.76) in the form of a check payable to [P]etitioner;

b. An amount sufficient to purchase the annuity contract described in paragraph 10 of the Stipulation, paid to the life insurance company from which the annuity will be purchased.

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