Tipton v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-303V Filed: May 4, 2017 UNPUBLISHED **************************** JUDITH MARJORIE TIPTON, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; * Guillain-Barré Syndrome (“GBS”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * **************************** Philip Roth, Jr., Marshall, Roth & Gregory, PC, Asheville, NC, for petitioner. Claudia Gangi, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On March 8, 2016, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act. Petitioner alleged that she suffered injuries, including Guillain-Barré Syndrome (“GBS”) “resulting from adverse effects of a trivalent influenza vaccination she received on December 30, 2013.” Petition at 1 (emphasis omitted); accord. Petition at ¶¶ 1, 11; see also Stipulation, filed May 4, 2017, at ¶¶ 1-2, 4. Petitioner further alleged that she received the vaccination in the United States, suffered the effects of her injuries for more than six months, and neither she nor any other party has filed a civil action or received compensation for her injuries, alleged as vaccine caused. Petition at ¶¶ 2, 12- 14; see also Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused petitioner to suffer from GBS or any other injury.” Stipulation at ¶ 6. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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). 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, the undersigned agrees that the identified material fits within this definition, the undersigned 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, on May 4, 2017, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation: 1. A lump sum payment of $279,100.96, representing compensation in the amount of $51,910.97 for first-year expenses, in the amount of $225,000.00 for pain and suffering, and in the amount of $2,189.99 for past unreimburseable expenses, in the form of a check payable solely to petitioner; and 2. An amount sufficient to purchase the annuity contract described in the stipulation (id. at ¶ 10) paid to the life insurance company, meeting the requirements set forth in the stipulation (id. at ¶9), from which the annuity will be purchased. Id. at ¶ 8. These amounts represent compensation for all damages that would be available under §15(a). The undersigned approves the requested amount for petitioner’s compensation. 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 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2