Purcell v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS (Filed: August 31, 2016) No. 15-770V * * * * * * * * * * * * * NOT FOR PUBLICATION MICHAEL PURCELL, * * Decision on Joint Stipulation; Petitioner, * Influenza (“Flu”) Vaccine; * Viral Encephalitis; v. * Acute Retinal Necrosis. * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * Matthew F. Belanger, Esq., Faraci Lange, LLP, Rochester, NY, for petitioner. Heather Pearlman, Esq., US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On July 23, 2015, Michael Purcell [“Mr. Purcell” or “petitioner”] filed a petition for compensation, under the National Vaccine Injury Compensation Program.2 Petitioner alleges that he developed viral encephalitis and acute retinal necrosis as a result of receiving influenza 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in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), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete 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). 1 vaccinations on October 30, 2012, October 17, 2013, and October 18, 2014. See Stipulation, filed August 31, 2016, at ¶¶ 1-4. Respondent denies that the influenza immunization caused petitioner’s injuries. Stipulation at ¶ 6. Nevertheless, the parties have agreed to settle the case. On August 31, 2016, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to issue the following payment: A lump sum of $325,000.00 in the form of a check payable to petitioner, Michael Purcell. This amount represents compensation for all damages that would be available under § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2