Savoie v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-37V ************************* * CALEB SAVOIE, * Chief Special Master Corcoran * Petitioner, * Filed: January 2, 2024 * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * *************************

Renee J. Gentry, The Law Office of Renee J. Gentry, 2020 Pennsylvania Ave., NW, Washington, DC, for Petitioner.

Lauren Kells, U.S. Dep’t of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1 On January 11, 2022, Caleb Savoie filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petition, dated Jan. 11, 2022 (ECF No. 1) (“Pet.”). Petitioner alleges that he suffered from brachial neuritis in his left shoulder as a result of his receipt of the influenza (“flu”) vaccine on January 16, 2019. Pet. at 1.

Moreover, Petitioner alleges that he experienced residual effects of this injury for more than six months. Id. at 8.

Because this decision contains a reasoned explanation for my actions in this case, I will post it on the United States Court of Federal Claims website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request 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). Otherwise, the whole decision will be available to the public. Id. The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”).

Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix).

Respondent denies that the flu vaccine caused Petitioner to suffer brachial neuritis, or any other injury or condition. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on December 20, 2024) that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation.

I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein.

The stipulation awards: • A lump sum of $4,432.35 representing reimbursement of a Louisiana Healthcare Connections Medicaid lien for services rendered on behalf of Caleb Savoie, in the form of a check payable jointly to Petitioner and The Rawlings Company LLC Attn: Allison Oetinger P.O. Box 2000 La Grange, KY 40031 Reference No.: 123077661 Petitioner agrees to endorse this check to The Rawlings Company L.L.C. • An amount of $85,000.00 to purchase the annuity contract, paid to the life insurance company from which the annuity will be purchased.

Stipulation ¶ 8. These amounts represent compensation for all damages that would be available under Section 15(a) of the Act.

I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court is directed to enter judgment herewith.3 IT IS SO ORDERED.

/s/ Brian H. Corcoran Brian H. Corcoran Chief Special Master Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review.