Lauria v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: July 22, 2024 * * * * * * * * * * ** * KENNETH LAURIA, * * Petitioner, * No. 19-1437V * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Robert J. Krakow, Law Office of Robert J. Krakow, New York, NY, for petitioner.

Camille M. Collett, U.S. Dept. of Justice, Washington, D.C., for respondent.

DECISION ON STIPULATION1 On September 18, 2019, Kenneth Lauria (“petitioner”) filed a petition in the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner alleged that as a result of receiving an influenza (“flu”) vaccine on September 26, 2016, he suffered from brachial neuritis. Id. On July 22, 2024, respondent filed a stipulation stating that a decision should be entered awarding compensation to petitioner. Stipulation (“Stip.”) (ECF No. 87). Respondent denies that the flu vaccine caused or significantly aggravated petitioner’s alleged-induced brachial neuritis or any other injury. Stip. at ¶ 6. Maintaining their positions, the parties nevertheless agree that the issues between them shall be settled and that a decision should be entered

Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision contains a reasoned explanation for the action in this case, I am required to post it to a publicly available website. This decision will appear at https://www.govinfo.gov/app/collection/uscourts/national/cofc or on the Court of Federal Claims website. This means the decision will be available to anyone with access to the Internet. Before the decision 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 decision.” Id. If neither party files a motion for redaction within 14 days, the decision will be posted on the court’s website without any changes. Id. 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-10 to 34 (2012) (hereinafter “Vaccine Act” or “the Act”). Hereinafter, individual section references will be to 42 U.S.C. § 300aa of the Act. awarding compensation according to the terms of the stipulation attached hereto as Appendix A.

Id. at ¶ 7.

The stipulation provides: 1) A lump sum of $75,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under U.S.C. § 300aa-15(a).

I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED.

s/Thomas L. Gowen Thomas L. Gowen Special Master

Entry of judgment is expediated by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a).