Diaz v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS ************************* MICHAEL J. DIAZ, * No. 20-1360V * Petitioner, * * Special Master Christian J. Moran v. * * Filed: July 22, 2024 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * ************************* Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner; Alexa Roggenkamp, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION 1 On July 16, 2024, the parties filed a joint stipulation concerning the petition for compensation filed by Michael Diaz (“petitioner”) on October 9, 2020.

Petitioner alleged that the influenza vaccine he received on October 17, 2017, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to develop transverse myelitis (TM”). Petitioner further alleges that he suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition.

Respondent denies that the vaccine caused petitioner’s TM or any other injury, and denies that his current condition is a sequela of a vaccine-related injury.

Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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), the parties have 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. Any changes will appear in the document posted on the website.

Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

Damages awarded in that stipulation include: A. A lump sum of $2,617.62,2 which amount represents reimbursement for a Medicaid lien for services rendered on behalf of petitioner, in the form of a check payable jointly to petitioner and the New York State Department of Health.

New York State Department of Health P.O. Box 415874 Boston, MA 02241-5874 Petitioner agrees to endorse this check to the New York State Department of Health.

B. A lump sum of $50,000.00, in the form of a check payable to petitioner, for all remaining elements of compensation.

These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation.3 IT IS SO ORDERED.

s/Christian J. Moran Christian J. Moran Special Master This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of New York may have against any individual as a result of any Medicaid payments the New York Program has made to or on behalf of Michael J. Diaz as a result of his alleged vaccine-related injury suffered on or about October 17, 2017, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h).

Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge.