Moua v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: February 2, 2024 ************************* SOU MOUA, * No. 21-1023V * Petitioner, * Special Master Sanders v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * ************************* Michael G. McLaren, Black McLaren, et al., PC, Memphis, TN, for Petitioner.

Madelyn Weeks, United States Department of Justice, Washington, DC, for Respondent.

DECISION1 On March 3, 2021, Sou Moua (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2012).

Petitioner alleged that the influenza (“flu”) vaccine he received on October 3, 2018, caused him to suffer from atypical Guillain-Barre Syndrome (“GBS”) and/or Acute and/or Chronic Inflammatory Demyelinating Polyneuropathy (“AIDP” and “CIDP”). Pet. at 1, ECF No. 1.

On February 1, 2024, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Stipulation ¶ 7, ECF No. 52. Respondent “denies that the flu vaccine caused [P]etitioner to suffer from GBS, AIDP, CIDP or any other injury or his current condition.” Id. ¶ 6. Nevertheless, the parties agree to the joint stipulation. See id. ¶ 7. I find the stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein.

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), 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.

National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.

The parties stipulate that Petitioner shall receive the following compensation: (a) A lump sum of $175,000.00 in the form of a check payable to Petitioner. (b) An amount of $175,000.00 to purchase the annuity contract described in paragraph 10 [of Appendix A] below, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”).

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

Id. ¶ 8.

I approve the requested amount for Petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED.

s/Herbrina D. Sanders Herbrina D. Sanders Special Master

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