Purewal v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS ***************** *** SHISHPAL PUREWAL, * * Petitioner, * No. 11-244V v. * Special Master Christian J. Moran * SECRETARY OF HEALTH * Filed: April 21, 2014 AND HUMAN SERVICES, * * Stipulation; Hepatitis A vaccine; Respondent. * Guillain-Barre´ syndrome (“GBS”). * ******************** Isaiah Kalinowski, Maglio, Christopher & Toale, Washington, DC, for Petitioner; Lindsay Corliss, U.S. Department of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On April 17, 2014, respondent filed a joint stipulation concerning the petition for compensation filed by Shishpal Purewal on April 18, 2011. In his petition, Mr. Purewal alleged that the Hepatitis A vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on October 29, 2009, caused him to develop Guillain-Barré Syndrome (“GBS”). Petitioner further alleges that he experienced the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of his condition. Respondent denies that the Hepatitis A immunization is the cause of petitioner’s alleged GBS, his current condition, and or any other injury. 1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the party has 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Nevertheless, the parties agree to the joint stipulation, attached hereto as “Appendix A.” The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A lump sum of $15,000.00 in the form of a check payable to petitioner, Shishpal Purewal. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 11-244V according to this decision and the attached stipulation.2 Any questions may be directed to my law clerk, Mary Holmes, at (202) 357- 6353. IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 Case 1:11-vv-00244-UNJ Document 62 Filed 04/17/14 Page 1 of 5 Case 1:11-vv-00244-UNJ Document 62 Filed 04/17/14 Page 2 of 5 Case 1:11-vv-00244-UNJ Document 62 Filed 04/17/14 Page 3 of 5 Case 1:11-vv-00244-UNJ Document 62 Filed 04/17/14 Page 4 of 5 Case 1:11-vv-00244-UNJ Document 62 Filed 04/17/14 Page 5 of 5