Gonso v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1389V Filed: December 13, 2024 * * * * * * * * * * * * * JONNI GONSO, Special Administrator, * * Estate of RICHARD MCKENNA, * Petitioner, * * * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Edward Kraus, Esq., Kraus Law Group, LLC, Chicago, IL, for petitioner.

Debra Begley, Esq., US Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1 Roth, Special Master: On September 11, 2019, Richard McKenna (“petitioner”)2 filed a petition for compensation under the National Vaccine Injury Compensation Program.3 Petitioner alleged that he developed Guillain-Barré Syndrome (“GBS”) and brachial neuritis after receiving an influenza (“flu”)

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, the undersigned finds that the identified material fits within this definition, such material will be redacted from public access.

After petitioner passed away, Jonni Gonso, petitioner’s partner and the special administrator of his estate, was substituted as petitioner on September 7, 2023. ECF Nos. 52-53.

National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). vaccine on September 20, 2016. Stipulation, filed Dec. 12, 2024, at ¶¶ 1-4. Respondent denies that the flu vaccine caused any of petitioner’s injuries. Stipulation at ¶ 6.

Nevertheless, the parties have agreed to settle the case. On December 12, 2024, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms.

Respondent agrees to issue the following payment: A. A lump sum of $100,000.00, in the form of a check payable to petitioner as legal representative of Mr. McKenna’s estate; and B. A lump sum of $730.46, representing reimbursement of a Medicaid lien for services rendered to Mr. McKenna by the State of Indiana, in the form of a check payable jointly to petitioner as legal representative of Mr. McKenna’s estate and the Anthem, a third party administrator for Indiana Medicaid, and mailed to: ANTHEM C/O Katherine Hettinger, Subrogation Analyst, Sr. P.O. Box 659940 San Antonio, TX 78265-9939 Re: Richard McKenna, File No. 107786275 These amounts represent compensation for all damages that would be available under § 300aa-15(a).

I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.4 IT IS SO ORDERED.

s/ Mindy Michaels Roth Mindy Michaels Roth Special Master

Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review.