In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
******************** *
LINDA HUBBARD, a Personal*
Representative of the Estate of
*
LESLIE MCKNIGHT, deceased,
*
* No. 16-1059V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: June 1, 2017
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * acute disseminated encephalomyelitis
* (“ADEM”).
*
Respondent. *
******************** *
Alison H. Haskins, Maglio Christopher, & Toale, Sarasota, FL, for Petitioner;
Robert P. Coleman III, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On June 1, 2017, the parties filed a joint stipulation concerning the petition
for compensation filed by Linda Hubbard (“petitioner”), on behalf of Leslie
McKnight (“Ms. McKnight”), deceased, under the National Vaccine Injury on
August 25, 2016. 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 Ms. McKnight received on September 7, 2014, caused Ms. McKnight to
suffer suffered acute disseminated encephalomyelitis (“ADEM”). Petitioner
further alleges that Ms. McKnight’s death was a sequela of her ADEM. Petitioner
1
The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), 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.
represents that there has been no prior award or settlement of a civil action for
damages on behalf of Ms. McKnight as a result of her condition.
Respondent denies that Ms. McKnight suffered any injury as a result of the
influenza vaccine administered on or about September 17, 2014, and denies that
Ms. McKnight's death was a sequela of her allegedly vaccine-related ADEM.
Nevertheless, the parties agree to the joint stipulation, attached hereto. 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 $285,000.00 in the form of a check payable to petitioner
as Legal Representative of the Estate of Leslie McKnight. This amount
represents compensation for all remaining 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 16-1059V according to this decision
and the attached stipulation.2
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
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
LINDA HUBBARD, as Personal )
Representative of the Estate of LESLIE )
MCKNIGHT, deceased, )
)
Petitioner, )
) No. 16-1059V (ECF)
v. ) Special Master Moran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
1. Linda Hubbard ("petitioner"), on behalf of Leslie McKnight ("Ms. McKnight"),
deceased, filed a petition for vaccine compensation under the National Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-1 0 to 34 (the "Vaccine Program"). The petition
seeks compensation for injuries and deatJ'l allegedly related to Ms. McKnight's receipt of the
influenza vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42
C.F.R. § 100.3(a).
2. Ms. McKnight received the influenza vaccine on or about September 17, 2014.
3. The vaccine was administered within the United States.
4. Petitioner alleges that as a result of receiving the influenza vaccine, Ms. McKnight
suffered acute disseminated encephalomyelitis ("ADEM"). Petitioner fmther alleges that Ms.
McKnight's death was a sequela of her ADEM.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on behalf of Ms. McKnight as a result of her condition and/or her death.
6. Respondent denies that Ms. McKnight suffered any injury as a result of the influenza
vaccine administered on or about September 17, 2014, and denies that Ms. McKnight's death
was a sequela of her allegedly vaccine-related ADEM.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S .C. § 300aa-21(a)( l), respondent will issue the following vaccine
compensation payment:
A Jump sum of $285,000.00 in the form of a check payable to petitioner as Legal
Representative of the Estate of Leslie McKnight. This amount represents compensation
for all remaining damages that would be available under 42 U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-21(a)(l), and an application, the parties will submit to further proceedings before
the Special Master to award reasonable attorneys' fees and costs incuned in proceeding upon this
petition.
10. Petitioner and her attorney represent that they have identified 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-1 5(g), including State compensation programs, insurance policies,
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Federal or State health benefits programs (other than Title XIX of the Social Security Act (42
U.S.C. § 1396 et. Seq.)), or entities that provide health services on a pre-paid basis.
11. Payments made pursuant to paragraph 8 of this Stipulation, and any amount awarded
pursuant to paragraph 9, will be made in accordance with 42 U.S.C: § 300aa-15(i), subject to the
availability of sufficient statutory funds.
12. Petitioner represents that she presently is, or within 90 days of the date of judgment
will become, duly authorized to serve as the legal representative of the Estate of Ms. McKnight
under the laws of the State of Colorado. No payment pursuant to this Stipulation shall be made
until petitioner provides respondent with documentation establishing her appointment as legal
representative of the Estate of Ms. McKnight. If petitioner is not authorized by a court of
competent jurisdiction to serve as the legal representative of the Estate of Ms. McKnight at the
time a payment pursuant to this Stipulation is to be made, any such payment shall be paid to the
party or parties appointed by a court of competent jurisdiction to se1:ve as the legal representative
of the Estate of Ms. McKnight upon submission of written documentation of such appointment
to respondent.
13. In return for the payment described in paragraph 8, and any amount awarded
pt1rsuant to paragraph 9, petitioner, in her individual capacity and as the legal representative of
the Estate of Ms. McKnight, on her own behalf, and on behalf of Ms. McKnight's heirs,
executors, administrators, successors or assigns, does forever inevocably and unconditionally
release, acquit and discharge the United States and respondent from any and all actions or causes
of action (including agreements, judgments, claims, damages, loss of services, expenses and all
demands of whatever kind or nature) that have been brought, could have been brought, or could
be timely brought in the Coutt of Federal Claims, under the National Vaccine Injury
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Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out
of, any and all known or unknown, suspected or unsuspected personal injw-ies to or death of Ms.
McKnight resulting from, or alleged to have resulted from, the vaccination administered on or
about September 17, 2014, as alleged by petitioner in a petition for vaccine compensation filed
on or about August 25, 2016, in the United States Court of Federal Claims as petition No. 16-
1059V.
14. If the Special Master fails to issue a decision in complete conformity with the terms
of this Stipulation.or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
15. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The patties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability or amount
.of damages; and further, that a change in the items of compensation sought is not grounds to
modify or revise this agreement.
16. This Stipulation shall not be construed as an admission by the United States or
respondent that the influenza vaccination caused Ms. McKnight's alleged ADEM or any other
injury or death.
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17. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns as legal representatives of the Estate
of Ms. McKnight.
END OF STIPULATION
5
..,.
Respectfully submitted,
PETITIONER:
~C/ad!Ji::bt:i'rc/
i1rl'iDA HUBBARD
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
flt~Gh~ I~ [ e-
_. - . ; . _-
1S0NH. HASKINS . ~INE E. REEVES
Maglio Christopher & Toale, PA Deputy Director
1605 Main Street, Suite 710 Torts Branch
Sarasota, Florida 34236 Civil Division
(877) 952-5242 U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
ATTORNEY OF RECORD FOR
RESPONDENT:
NARAYAN.NAIR, M.D.
Director, Division of Vaccine
Injury Compensation (DVIC), Acting Director
~
Trial Attorney
Torts Branch
Countermeasures Injury Compensation Civil Division
Program (CICP) U.S. Department of Justice
Healthcare Systems Bureau, U.S. Department P.O. Box 146
Of Health and Human Services · Benjamin Franklin Station
5600 Fishers Lane Washington, DC 20044-0146
Parklawn Building. Mail Stop 11 C-26 (202) 305-0274
Rockville, MD 20857
Dated: Jv..u.-l ·i-o l
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