McEvoy v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-928V Filed: September 16, 2015 Unpublished **************************** KIRSTEN MCEVOY, * * Petitioner, * Joint Stipulation on Damages; * Influenza * Guillain-Barre Syndrome (“GBS”) SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * **************************** John Robert Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioner. Ann Donohue Martin, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION 1 Dorsey, Chief Special Master: On September 30, 2014, Kirsten McEvoy filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq., 2 [the “Vaccine Act” or “Program”]. Petitioner alleges that she suffered Guillain-Barre Syndrome (“GBS”) as a result of an influenza vaccination. Petition at 1; Stipulation, filed September 16, 2015, ¶ 4. Petitioner further alleges that she suffered the residual effects of this condition for more than six months and that she has received no prior award or settlement for damages as a result of her injury. Stipulation¶¶ 4-5. “Respondent denies that petitioner’s influenza vaccine caused GBS or any other injury.” Stipulation, ¶ 6. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post it on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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, I agree that the identified material fits within this definition, I will redact such material from public access. 2National 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 (2012). Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On September 16, 2015, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to pay petitioner a lump sum of $151,795.27 in the form of a check payable to petitioner. Stipulation, ¶ 8. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision. 3 s/ Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. Case 1:14-vv-00928-UNJ Document 26 Filed 09/16/15 Page 1 of 5 Case 1:14-vv-00928-UNJ Document 26 Filed 09/16/15 Page 2 of 5 Case 1:14-vv-00928-UNJ Document 26 Filed 09/16/15 Page 3 of 5 Case 1:14-vv-00928-UNJ Document 26 Filed 09/16/15 Page 4 of 5 Case 1:14-vv-00928-UNJ Document 26 Filed 09/16/15 Page 5 of 5