Boeske v. Secretary of Health and Human Services
This text of Boeske v. Secretary of Health and Human Services (Boeske v. Secretary of Health and Human Services) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS
******************** * GLORIA BOESKE, * * No. 16-1685V Petitioner, * Special Master Christian J. Moran * v. * Filed: April 4, 2019 * SECRETARY OF HEALTH * Stipulation; Hepatitis A vaccine; AND HUMAN SERVICES, * SIRVA; shoulder injury. * Respondent. * ******************** *
Jeffrey Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner; Mollie Gorney, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On April 4, 2019, the parties filed a joint stipulation concerning the petition for compensation filed by Gloria Boeske on December 22, 2016. Petitioner alleged that the Hepatitis A vaccine she received on July 23, 2015, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused her to suffer from a right shoulder injury related to vaccination administration (“SIRVA”). Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition.
Respondent denies that the Hepatitis A vaccine caused petitioner to suffer from SIRVA or any other injury.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum payment of $60,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 16-1685V according to this decision and the attached stipulation.2
IT IS SO ORDERED.
s/Christian J. Moran Christian J. Moran Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
Boeske v. Secretary of Health and Human Services, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boeske-v-secretary-of-health-and-human-services-uscfc-2019.