Barrett v. Secretary of Health and Human Services

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-41V Filed: August 30, 2019 * * * * * * * * * * * * * DONALD A. BARRETT, * * UNPUBLISHED * Petitioner, * * Decision on Joint Stipulation; v. * Guillain-Barre Syndrome * (“GBS”); Influenza (“Flu”) * Vaccine SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * *

Matthew Belanger, Esq., Faraci Lange, LLP, Rochester, NY, for petitioner. Lara Englund, Esq., US Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

Roth, Special Master:

On January 8, 2018, Donald A. Barrett (“Mr. Barrett” or “petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that he developed Guillain-Barre syndrome (“GBS”) and GBS-caused chronic inflammatory sensory polyradiculoneuropathy as a result of receiving the influenza (“flu”) vaccine on September 18,

1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107- 347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision will be available to anyone with access to the internet. However, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request 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). Otherwise, the whole Decision will be available to the public. Id. 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 2015. Stipulation, filed August 30, 2019, at ¶¶ 1-4. Respondent denies that the aforementioned immunization caused petitioner’s injuries. Stipulation at ¶ 6.

Nevertheless, the parties have agreed to settle the case. On August 30, 2019, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms.

Respondent agrees to issue the following payment:

A. A lump sum of $407,622.47, which represents compensation for first year of life care expenses ($147,586.60), pain and suffering ($130,000.00), and past unreimbursable expenses ($130,035.87), in the form of a check payable to petitioner, Donald A. Barrett; and

B. An amount sufficient to purchase the annuity contract described in ¶ 10 of the Stipulation, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”). The Secretary of Health and Human Services agrees to purchase an annuity contract from the Life Insurance Company for the benefit petitioner, Donald A. Barrett, pursuant to which the Life Insurance Company will agree to make payments periodically to petitioner as follows for all other damages that would be available under 42 U.S.C. §300aa-15(a):

a. For future unreimbursable Specialist Co-pay, Therapy Co-pay, Primary Care Provider Co-pay, and Prescription expenses, beginning on the first anniversary of the date of judgment, an annual amount of $685.00 to be paid for the remainder of petitioner’s life, increasing at the rate of four percent (4%), compounded annually from the date of judgment.

b. For future unreimbursable IVIG expenses, beginning on the first anniversary of the date of judgment, an annual amount of $5,040.00 to be paid for the remainder of petitioner’s life, increasing at the rate of four percent (4%), compounded annually from the date of judgment.

c. For future unreimbursable Residential Care expenses, beginning on the first anniversary of the date of judgment, an annual amount of $170,090.00 to be paid for the remainder of petitioner’s life, increasing at the rate of three percent (3%), compounded annually from the date of judgment.

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