Laws v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

************************* AMY LAWS, * No. 20-1606V

* Petitioner, *

* Special Master Christian J. Moran v. *

* Filed: January 23, 2024 SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

************************* Ronald Homer, Nathaniel Enos, Conway Homer, P.C., Boston, MA, for Petitioner; Julia Collison, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION 1

On January 23, 2024, the parties filed a joint stipulation concerning the petition for compensation filed by Amy Laws on November 17, 2020. Petitioner alleged that the influenza (“flu”) vaccination caused her to suffer Guillain-Barre syndrome (“GBS”). Petitioner further alleges that her symptoms persisted for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her alleged injury.

Respondent denies that the vaccine caused petitioner to suffer from GBS. 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 lump sum of $400,000.00 in the form of a check payable to petitioner. This amount represents 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. 2

IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS AMY LAWS,

Petitioner, No. 20-1606V v. Special Master Moran

ECF SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

STIPULATION

The parties hereby stipulate to the following matters:

I. Amy Laws ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l0 to 34 (the "Vaccine Program"). The petition seeks compensation for an injury allegedly related to petitioner's receipt of an influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the ..Table"), 42 C.F.R. § I00.3(a).

2. On October 7, 2019, petitioner received a flu vaccine.

3. The vaccine was administered in the United States.

4. Petitioner alleges that she developed Guillain Barre Syndrome ("OBS") as a result of her flu vaccination. She further alleges that she experienced the residual effects of this injury for more than six months.

5. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a resu It of her alleged condition.

6. Respondent denies that petitioner sustained the onset of her alleged OBS within the Table timeframe; denies that the vaccine caused petitioner's alleged OBS, or any other injury; and

I of5 denies that her current condition is a sequelae of a vaccine-related injury.

7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation.

8. As soon as practicable after an entry ofjudgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l(a)(l ), the Secretary of Health and Human Services will issue the following vaccine compensation payment: a lump sum ofS400,000.00 in the form of a check payable to petitioner. This amount represent compensation for all damages that would be available under 42 U.S.C. § 300aa-l 5(a).

9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l) and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition.

I0. Petitioner and her attorney represent that they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa- l 5(g), including State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis.

11. Payment made pursuant to paragraph 8 of this Stipulation, and any amount awarded pursuant to paragraph 9, will be made in accordance with 42 U.S.C. § 300aa-l5(i), subject to the availability of sufficient statutory funds.

12. The parties and their attorneys further agree and stipulate that, except for any

2 of5 award for attorneys' fees and litigation costs, and past unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(g) and (h).

13. In return for the payment described in paragraph 8, and any amount awarded pursuant to paragraph 9, petitioner, in her individual capacity, and on behalf of her heirs, executors, administrators, successors, or assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of. or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from the vaccine administered on October 7, 2019, as identified in a Petition filed on November 17, 2020, in the United States Court of Federal Claims as petition No. 20-1606V.

14. If petitioner should die prior to entry ofjudgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties.

15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the United States Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party.

16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except

17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged injury, or any other injury or her current condition.

18. All rights and obligations of petitioner shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns.

END OF STIPULATION 4 of.5

Respectfu lly submitted.

PETITIONER:

ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ~ c. H.w o/ RONALD C. HOM ER NATIIANlF.L C. ENOS Deputy Oirector Conway Homer. P.C. Torts Branch I6 Shawmut Street Civil Division Boston. MA 021 16 l.'.S. Dcpartm~nl of Justice (617) 695-1990 P.O. Box 146 [email protected]

,_ Benjamin rranklin Station

Washington. DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTOR~EY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES:

George R. D,gitallys'1g11edby Geor9eR.

<.,rim..-s •S14 Grimes -514 Date : ?02◄.01.09 1 2:41:44 osoo· CDR GEORGE REED GRIMES. MD. MPH JULAt\1. COLLISON Director, Division of Injury Assistant Oirector Compensation Programs Torts Branch Health Systems Bureau Civil Division I lcalth Resources and Services U.S. Department of Justice Administration P.O. Oox 146 l; .S. Department of Health Benjamin Franklin Station and Human Services \Vashington. UC 20044-0146 5600 Fishers Lane, 08\V-25A (202) 305-0102 Rockville. MD 20857 jul ia.col lison@usdoj .gov Dated:

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