Colaianni-Abbott v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1898V Filed: August 12, 2020 UNPUBLISHED

SHARON COLAIANNI-ABBOTT, Administrator of the Estate of WRAY PAUL ABBOTT, deceased, Joint Stipulation on Damages; Petitioner, Influenza (Flu) Vaccine; Acute v. Disseminated Encephalomyelitis (ADEM) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.

Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1 On December 10, 2018, petitioner filed a petition as the administrator of the estate of Wray Paul Abbott for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that Mr. Abbott suffered acute disseminated encephalomyelitis (“ADEM”), which lead to his death on December 24, 2016, as a result of his receipt of an influenza (“flu”) vaccination on November 10, 2016. Petition at 1; Stipulation, filed August 12, 2020, at ¶¶ 1-4. Petitioner further alleges there has been no prior award or settlement of a civil action for damages on behalf of Mr. Abbott as a result of his condition or his death.

Petition at 2; Stipulation at ¶ 5. “Respondent denies that the flu vaccine caused Mr. Abbott’s alleged ADEM, any other injury, or his death. ” Stipulation at ¶ 6.

1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will be posted on the United States Court of Federal Claims’ website in accordance with the E-Government Act of 2002. See 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the decision will be available to anyone with access to the Internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information the disclosure of which would constitute an unwarranted invasion of privacy.

If the special master, upon review, agrees that the identified material fits within this definition, it will be redacted from public access.

2National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).

Nevertheless, on August 12, 2020, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt 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, I award the following compensation: A lump sum of $230,000.00 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. 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/Daniel T. Horner Daniel T. Horner Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review.