Blankenship v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1097V Filed: June 28, 2016 UNPUBLISHED **************************** CURTIS V. BLANKENSHIP, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; * Guillain-Barré syndrome (“GBS”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * **************************** Nancy Routh Meyers, Ward Black Law, Greensboro, NC, for petitioner. Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On September 30, 2015, Curtis V. Blankenship (“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 alleges that he suffered from Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine he received on October 2, 2012. Petition at 1-3; Stipulation, filed June 28, 2016, at ¶ 4. Petitioner further alleges that he suffered the residual effects of this injury for more than six months. Petition at 3; Stipulation at ¶ 4. “Respondent denies that the flu vaccine caused petitioner’s GBS, any other injury, or his current disabilities.” Stipulation at ¶ 6. Nevertheless, on June 28, 2016, 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and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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. 2 National 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). The parties stipulate that petitioner shall receive the following compensation: a. A lump sum $1,824.52, in the form of a check payable to petitioner and HMS Casualty Recovery Unit, 2000 Interstate Park Drive, Suite 401, Montgomery, AL, 36109. Petitioner agrees to endorse this payment to HMS Casualty Recovery Unit. This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Alabama may have against any individual as a result of any Medicaid payments the State of Alabama has made to or on behalf of Curtis F. Blankenship from the date of his eligibility for benefits through the date of judgment in this case as a result of his alleged vaccine- related injury suffered on or about October 2, 2012, under Title XIX of the Social Security Act; and b. A lump sum of $150,000.00, in the form of a check payable to petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under 42 U.S.C. § 300aa-15(a). Id. 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