Powell v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1638V UNPUBLISHED

MICHAEL POWELL, As Executor and Chief Special Master Corcoran Fiduciary of the Estate of VIRGINIA POWELL, Filed: November 5, 2020 Petitioner, Special Processing Unit (SPU); Joint v. Stipulation on Damages; Influenza (Flu) Vaccine; Guillain-Barre SECRETARY OF HEALTH AND Syndrome (GBS) HUMAN SERVICES, Respondent.

John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.

Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1 On October 24, 2018, Virginia Powell2 filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.3 (the “Vaccine Act”). Petitioner alleges that Ms. Powell suffered from Guillain-Barré Syndrome (“GBS”) as a result of receiving a flu vaccine and suffered the residual effects of this injury for more than six months.4 Petition at 1, 3; Stipulation, filed at November 4, 2020, ¶¶ 4, 6. “Respondent denies that Ms. Powell sustained a GBS Table Injury within the time period set forth in the Table; denies that the flu vaccine caused Ms. Powell to suffer GBS, Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E- Government Act of 2002. 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, upon review, I agree that the identified material fits within this definition, I will redact such material from public access.

Ms. Powell originally filed the petition on October 24, 2018, through her attorney. After her subsequent death on February 28, 2019, her son, Michael Powell, was named executor of her estate and was substituted as petitioner, on behalf of Ms. Powell’s estate on August 20, 2019.

National 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).

The petition does not allege that Ms. Powell’s death was a result of her alleged vaccine injury. or any other injury, or her death; and further denies that Ms. Powell experienced the residual effects of her alleged injury for more than six months.” Stipulation at ¶ 6.

Nevertheless, on November 4, 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 my decision 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 $100,000.00, in the form of a check payable to Petitioner, as legal representative of the estate of Virginia Powell. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. 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.5 IT IS SO ORDERED.

s/Brian H. Corcoran Brian H. Corcoran Chief Special Master

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.