In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * ** * * *
JOSEPHINE FRANCO *
* No. 13-650V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: April 6, 2015
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * Guillain-Barré syndrome (“GBS”).
*
Respondent. *
* * * * * * * * * * * * * * * * * ** * * *
Donald Philip Edwards, Atlanta, GA, for Petitioner;
Michael P. Milmoe, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On April 1, 2015, respondent filed a joint stipulation concerning the petition
for compensation filed by Josephine Franco on September 6, 2013. In her petition,
petitioner alleged that the influenza vaccine, which is contained in the Vaccine
Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received on
September 9, 2010, caused her to suffer Guillain-Barré Syndrome (“GBS”).
Petitioner further alleges that she suffered 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 on her behalf as a result of her condition.
Respondent denies that the flu vaccine caused petitioner's alleged GBS, or
any other injury, and further denies that petitioner's current disabilities are sequelae
of a vaccine-related 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 parties have 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 payment of $100,000.00 in the form of a check payable to
Josephine Franco. 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 13-650V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-
6360.
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
lN THE UNITED STATl \S COU RT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JOSEPHINE FRANCO, )
)
Petitioner, ) No. 13-650V
) Special Master
v. ) Cl lR ISTlAN J. MORAN
)
SECRETARY OF IIEALTII )
AND HUMAN SERVICES, )
)
Respondent. )
~~~~~~~~~~~~~~)
STIPULATION
The parties hereby stipululc to the fo llowing matters:
l. Rita Stauffer, petitioner, filed a petilion for vaccine compensation under the National
Vaccine Inj ury Compensation Progrnm, 42 U.8.C. §JOOaa-10 to 34 (the "Vaccine Program").
The petition seeks compensation for inj uries alleged ly related lo petitioner's receipt of the
in fluenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"),
42 C.F.R. § I 00.3(a).
2. Petitioner received n Ou vuccine on September 9, 20 I 0.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered Gu illain-Oarrc syndrome ("GBS"), which was
caused-in-fact by the flu vaccine. Petitioner f'urlher alleges that she suffered the residual effects
ol this injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her condition.
6. Respondent denies that the nu vacci ne caused petitioner's alleged UBS, or any other
inj ury, and further denies that petitioner's current disabil ities are sequclae of a vaccine-related
injury.
7. Maintain ing their above-stated positions, the parties nevertheless now agree that the
issues hetwecn them shall be settled und that a decision shou ld be entcrt:d award ing the
compensution described in paragraph 8 of this Stipulation.
8. As soon as practictiblc after an entry of j udgment reflecting a decision consistent with
the terms of this Stipulation, and allcr petitioner has filed an election to receive comptmsation
pursuant to 42 U.S.C. § 300aa-2 I (a)( I), the Secretory of ITeallh and Human Services will issue
the fol lowing vaccine compensation payment:
a lump sum of$ I00,000.00 in the form of a check payabl e to petitioner
representing nil damages available under 42 U.S.C. § 300aa-1 5(a).
9. As soon as practicable after the entry ofjudgmcnt on entitlement in this case, and after
pclilioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § J OOaa-2 I(a)( I), and an application, the parties will submit to furthe~· proceedings before
the special master to award rensonable attorneys' foes and costs incurred in proceeding upon this
petition.
10. Petitioner and her ntlorncy represent that they have iclenlified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), including Slatc cumpensalion programs, insurance policies,
Federal or State health benefits programs (other than Ti tle XIX of the Social Security Act (42
U.S.C. § 1396 ct seq.)), or entities that provide health services on a prepaid basis.
2
I I . Payment made pursuant to paragraph 8, and any amounts awarded pursuant to
paragraph 9 of th is Stipu lation, will be made in accordance with 42 U.S.C. § 300aa-l 5(i), subject
to the availability of suf'ficient statutory runds.
J2. The parties and their allorncys fu1ther agree and s"tipulate that, except for any award
for allorneys' fees and litigation costs, the money provided rrnrsuant to this Stipulation will be
used solely for the beneiil of petitioner as contemplated by a strict construction of 42 U.S .C.
§ 300aa- I 5(a) and (d), and subject to the conditions of' 42 U.S.C. § 300aa-JS(g) and (h).
13. Jn return for the payments descri bed in paragraphs 8 and 9, petitioner, in her
individ ual capacity, and on behalf of her heirs, executors, administrators, successors, and
assigns docs forever irrevocably und unconditionally release, acquit and dischurge the United
States and the Secretary of l lealtJ1 and Human Services from uny and all actions or causes of
action (including agreements, judgments, claims, damages, loss or services, expenses and all
demands of whatever kind or nature) that have been brought, could have been brnughl, or could
be timely brought in the United States Court of Federal Claims, under the National Vaccine
Injury Compensation Program, 42 U.S.C. § 300aa- l 0 et seq., on account of, or in any wuy
growing out of, any and olI known or unknown, suspected or unsuspected personal injuries to or
death of petitioner resulting from, or alleged to have resulted from, the nu vaccine administered
on September 9, 20 I 0, as all eged by petitioner in u petition for vacci ne compensation filed on or
about September 6, 20 13, in the United States Court of Federal Claims ns petition No. l3-650V.
14. If petitioner should die prior to entry ofjudgment, this agreement shall be voidable
upon proper notice lo the Court on behalf of either or bolh of the parties.
15. Ir the special master fa ils to issue a decision in complete conformity with the terms
of' this Stipulation or if the United States Cou1t ofl!edernl Claims fails to enter j udgment in
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conl01mity with a dccision lhal is in complete confo rmity with the terms of this Stipulation, then
the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party .
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury /\ct of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absol utely no agreement on the part of the
parties hereto to make any payment or do any acl or thing other than is herein expressly stated
and clearly agreed lo. The patties further agree and understand that the awnrd described in this
Stipulat ion may reflect a compromise of the patties' respective positions as to liability and/or
amount of dnmagcs, and further, that a change in the nature or the irtiury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. Th is Stipulation sha ll not be constl'ucd as an admission by the United States or the
Secretary of l leallh and I luman Services that the flu vaccine caused petitioner's alleged OBS, or
any ot11cr injury, or that her current disabilities arc sequclnc of her alleged vaccine-related
injuries.
18. All rights and obligations of petitioner hereunder shall npply equally to petitioner's
heirs, executors, adm inistrators, successors, and/or assigns.
ENO or :;T!PULJ\TlON
4
Respectfully i;ubmittcd,
l'ETITIONEn:
~;~
J~HTNE rR/\Nco
ATTORNEY OF RECORD FOR AUTHORIZED RF.P.RF,Slt:NT ATIVt:
PF.TJTl lt:R: OF THE ATTORNEY GENERAL:
DWARDS, ESQ. VINCENT J.
Law Offices of DoMld P. Edwards Deputy Dirc('.lor
170 Mitchell Street. SW Torts l.lranch
Atlantii, CA 30303-3424 Civil Division
(404) 526-8866 U. S. Department of.lllsticc
P. 0 . Hox 146
Benjamin Prnnklin Slrction
Wnshington, D.C. 20044-0146
AtJTHORl1.:ED RIC ESENTATTVF. OF ATTORNEY Ofi' RF.Corm }<'OR
-
1'+- U._E. _.S~Eo: -C~"-l 'ATr-. . ._-H_E_A_L1',_-H-ANll
HUMAN EV ~r~
t.w l/l);EN~
•
JSTON, M.D .. MY.H., FJ\AP MICJ JAl~L P. MJLMOE
Director Scmor Tl'i~l Counsel
Division of Injury Compensation Prngrnms (DICP) To111i Brnnch
He111lhc11rc Syslems Bureau Civil Division
U.S. Department of Hcallh :md Huniun Services U.S. 11Cp3rtmcnt of Justice
5600 Fishers 1,~11c P. O. Dnx 146
Pnrklawn Building, Stop 1I C-26 De11i~min Prankli11 Stntio11
Rockville, Mn 20!!:17 Washington, DC 20044-0146
Tel: (202) (il(.i-4125
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