Goff v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-0199V

MIRA GOFF as administrator of the ESTATE OF RICHARD GOFF, Chief Special Master Corcoran Petitioner, v. Filed: December 19, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Simina Vourlis, Law Offices of Simina Vourlis, Columbus, OH, for Petitioner.

Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1 On February 23, 2022, Mira Goff, as administrator of the Estate of Richard Goff, filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). The petition seeks compensation for injuries leading to the death of Richard Goff (“Mr. Goff”) allegedly related to his receipt of an influenza (“flu”) vaccine on September 17, 2020. Petition at 1; Stipulation, filed at December 19, 2023, ¶¶ 1-4. The petition alleges that the flu vaccine caused Mr. Goff to suffer Guillain-Barre syndrome (“GBS”) which ultimately led to his death. Petition at 1; Stipulation at ¶¶ 1-4. “Respondent denies that the vaccine caused Mr. Goff to develop and of the alleged injuries, any other injury or condition, or his death.”

Stipulation at ¶ 6.

Nevertheless, on December 19, 2023, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the 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. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). 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 $190,000.00, in the form of a check payable to Petitioner, as legal representative of the estate of Richard Goff. 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 Court is directed to enter judgment in accordance with this decision.3 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.