Anderson v. Secretary of Health and Human Services

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: August 21, 2019

* * * * * * * * * * * * * UNPUBLISHED DONNA ANDERSON, * * No. 14-879V Petitioner, * v. * Special Master Gowen * SECRETARY OF HEALTH * Influenza (“Flu”); Acute Disseminated AND HUMAN SERVICES, * Encephalomyelitis (“ADEM”); Auto- * Immune Autonomic Ganglionopathy Respondent. * (“AAG”); Carpal Tunnel Syndrome; * * * * * * * * * * * * * * * * * * * Cervical Spondylosis; Stipulation.

Lisa A. Roquemore, Law Office of Lisa A. Roquemore, Rancho Santa Margarita, CA, for petitioner. Adriana R. Teitel, United States Department of Justice, Washington, DC, for respondent.

DECISION ON STIPULATION1

On September 22, 2014, Donna Anderson (“petitioner”) filed a petition for compensation within the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner received an influenza (“flu”) vaccination on October 11, 2012. Stipulation filed August 21, 2019 (ECF No. 132) (“Stipulation”) at ¶ 2. Petitioner alleged that as a result of that flu vaccination, she suffered from central and peripheral nervous system issues, including but not limited to acute disseminated encephalomyelitis (“ADEM”) and autoimmune autonomic ganglionopathy (“AAG”). Petitioner alleged that as a result of that flu vaccination, she also suffered a significant aggravation of her carpal tunnel syndrome and cervical spondylosis. Petitioner further alleges that she experienced the residual effects of those injuries for more than six months. Id. at ¶ 4.

1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I intend to post it on the website of the United States Court of Federal Claims. The Court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the opinion is posted on the Court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). An objecting party must provide the Court with a proposed redacted version of the opinion. Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the Court’s website without any changes. Id.

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. On August 21, 2019, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation. Respondent denies that the flu vaccination caused petitioner to suffer from ADEM or AAG, or suffer the significant aggravation of carpal tunnel syndrome or cervical spondylosis. Respondent further denies that the flu vaccination caused any other injury or her current condition. Id. at ¶ 6. Maintaining their respective positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding compensation according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7.

The stipulation awards:

1) A lump sum of $140,000.00, in the form of a check payable to petitioner; and

2) An amount sufficient to purchase the annuity contract described in the stipulation at paragraph 10.

These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

I adopt the stipulation as the decision of the Court in awarding damages. I hereby award compensation in the amount and on the terms set forth therein. Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3

IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master

3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a).