Robinson v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-1058V Filed: June 22, 2016 Not to be Published ************************************* SEBASTION ROBINSON, * * Petitioner, * * v. * Damages decision based on * stipulation; transverse myelitis SECRETARY OF HEALTH * (“TM”); influenza (“flu”) vaccine AND HUMAN SERVICES, * * Respondent. * * ************************************* Elizabeth M. Muldowney, Richmond, VA, for petitioner. Camille M. Collett, Washington, DC, for respondent. MILLMAN, Special Master DECISION1 On June 22, 2016, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that he suffered transverse myelitis (“TM”) as a result of his receipt of influenza (“flu”) vaccine on November 14, 2011. Petitioner further alleges that he experienced the residual effects of this injury for more than six months. Respondent denies that the flu vaccine caused petitioner’s TM or any other injury. Nonetheless, the parties agreed to resolve this matter informally. The undersigned finds the terms of the stipulation to be reasonable. The court hereby 1 Because this decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioners have 14 days to identify and move to redact such information prior to the document’s disclosure. If the special master, upon review, agrees that the identified material fits within the categories listed above, the special master shall redact such material from public access. adopts the parties’ stipulation, attached, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of $700,000.00 representing reimbursement for all damages that would be available under 42 U.S.C. § 300aa- 15(a) (2012). The award shall be in the form of a check made payable to petitioner in the amount of $700,000.00. 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.2 IT IS SO ORDERED. Dated: June 22, 2016 s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either jointly or separately, filing a notice renouncing the right to seek review. 2