Egan v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: August 2, 2024 * * * * * * * * * * ** * DANIEL EGAN, M.D., * * Petitioner, * No. 20-1569V * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * David Richards, Christensen & Jensen, P.C., Salt Lake City, UT, for petitioner.

Sarah Rifkin, U.S. Dept. of Justice, Washington, DC, for respondent.

DECISION ON STIPULATION1 On November 12, 2020, Daniel Egan, M.D., (“petitioner”) filed a Petition for Compensation in the National Vaccine Injury Compensation Program. 2 See Petition (ECF No. 1). Petitioner alleged that he suffered from brachial neuritis and Parsonage-Turner Syndrome as a result of the influenza vaccination he received on October 4, 2018. Petition at Preamble, ¶ 3.

On August 1, 2024, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation ¶ 7. Respondent “denies that petitioner’s alleged brachial neuritis or its residual effects were caused-in-fact by the flu vaccine and denies that the flu vaccine caused petitioner any other injury or petitioner’s current condition.” Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties “now agree Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion 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 opinion 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-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. that the issues between them shall be settled and that a decision should be entered awarding the compensation the compensation” according to the terms of the Stipulation attached hereto as Appendix A. Id. at ¶ 7.

The Stipulation provides: 1) A lump sum of $45,000 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).

Id. at ¶ 8.

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

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

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