United States Court of Federal Claims, 2024

Draeger v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided November 15, 2024 · Herbrina D S Young

Opinion

CORRECTED

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS Filed: October 15, 2024

* * * * * * * * * * * * * * * KIMBERLY DRAEGER, * No. 19-2016V

Petitioner, * Special Master Sanders

v. *

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

Respondent. *

* * * * * * * * * * * * * * * Scott B. Taylor, Urban & Taylor, S.C., Milwaukee WI, for Petitioner.

Benjamin Rex Eisenberg, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION1

On December 31, 2019, Kimberly Draeger, (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2018). Petitioner alleged that the influenza (“flu”) vaccine she received on September 14, 2017, caused her to suffer from acute disseminated encephalomyelitis (“ADEM”). Pet. at 3, ECF No. 1.

On October 11, 2024, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Stipulation ¶ 7, ECF No. 51. Respondent “denies that [P]etitioner’s alleged ADEM or its residual effects were caused-in-fact by the [flu] vaccine; and denies that the [flu] vaccine caused [P]etitioner any other injuries or [P]etitioner’s 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.

The parties stipulate that Petitioner shall receive the following compensation: A lump sum of $179,606.00, in the form of a check payable to Petitioner.

Id. ¶ 8. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

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

1 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. 2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755. 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review.

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