In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS
******************** * ANNIE BROWN, * * No. 17-253V Petitioner, * Special Master Christian J. Moran * v. * Filed: June 8, 2018 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * Guillain-Barré syndrome (“GBS”). * Respondent. * ******************** *
Milton C. Ragsdale, IV, & Allison L. Riley, Ragsdale LLC, Birmingham, AL, for Petitioner; Daniel A. Principato, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On June 7, 2018, the parties filed a joint stipulation concerning the petition for compensation filed by Annie Brown on February 22, 2017. Petitioner alleged that the influenza (“flu”) vaccine she received on January 6, 2016, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused her to suffer Guillain-Barré syndrome. 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 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. Respondent denies that the flu vaccine caused petitioner to suffer Guillain- Barré syndrome or any other injury.
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. A lump sum of $110,000.00 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); and
b. A lump sum of $1,734.74, which amount represents compensation for reimbursement of a State of Alabama Medicaid lien, in the form of a check payable jointly to petitioner and
HMS Attention: AL Medicaid Subrogation Unit 4121 Carmichael Road, Suite 205 Montgomery, AL 361062
In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 17-253V according to this decision and the attached stipulation.3
IT IS SO ORDERED.
s/Christian J. Moran Christian J. Moran Special Master
2 The zip code of this address was corrected from the one identified in the stipulation (“3616”). 3 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
) ANNIE BROWN, ) No. 17-253V ) Special Master Moran Petitioner, ) ECF ) v. ) ) SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ~~~~~~~~~~~~~~).
STIPULATION _
The parties hereby stipulate to the following matters:
I. Petitioner filed a petition for vaccine compensation under the National Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-l0 to 34 (the "Vaccine Program''). The petition
seeks compensation for injuries allegedly related to petitioner's receipt of the influenza vaccine,
which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received the flu vaccination on or about January 6, 2016.
3. The vaccine was administered within the United States.
4. Petitioner alleges that the vaccine caused her to develop Guillain-Barre Syndrome
("GBS"), and that she experienced the residual effects of this condition for more than six
months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her condition.
6. Respondent denies that the flu immunization is the cause of petitioner's alleged GBS,
and/or any other injuries or her current condition. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21 (a)(l ), the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
a. A lump sum of$1 IO,OOO.OO 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); and
b. A lump sum of$1,734.74, which amount represents compensation for reimbursement of a State of Alabama Medicaid lien, in the form of a check payable jointly to petitioner and
HMS Attention: AL Medicaid Subrogation Unit 4121 Carmichael Road, Suite 205 Montgomery, AL 3616
Petitioner agrees to endorse this payment to HMS.
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-2 l(a)(l), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
I0. Petitioner and her attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), including State compensation programs, insurance policies,
2 Federal or State health benefits programs (other than Title XIX of the Social Security Act (42
U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability of sufficient statutory funds.
12.. The parties and their attorneys further agree and stipulate that, except for any award
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In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS
******************** * ANNIE BROWN, * * No. 17-253V Petitioner, * Special Master Christian J. Moran * v. * Filed: June 8, 2018 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * Guillain-Barré syndrome (“GBS”). * Respondent. * ******************** *
Milton C. Ragsdale, IV, & Allison L. Riley, Ragsdale LLC, Birmingham, AL, for Petitioner; Daniel A. Principato, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On June 7, 2018, the parties filed a joint stipulation concerning the petition for compensation filed by Annie Brown on February 22, 2017. Petitioner alleged that the influenza (“flu”) vaccine she received on January 6, 2016, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused her to suffer Guillain-Barré syndrome. 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 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. Respondent denies that the flu vaccine caused petitioner to suffer Guillain- Barré syndrome or any other injury.
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. A lump sum of $110,000.00 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); and
b. A lump sum of $1,734.74, which amount represents compensation for reimbursement of a State of Alabama Medicaid lien, in the form of a check payable jointly to petitioner and
HMS Attention: AL Medicaid Subrogation Unit 4121 Carmichael Road, Suite 205 Montgomery, AL 361062
In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 17-253V according to this decision and the attached stipulation.3
IT IS SO ORDERED.
s/Christian J. Moran Christian J. Moran Special Master
2 The zip code of this address was corrected from the one identified in the stipulation (“3616”). 3 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
) ANNIE BROWN, ) No. 17-253V ) Special Master Moran Petitioner, ) ECF ) v. ) ) SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ~~~~~~~~~~~~~~).
STIPULATION _
The parties hereby stipulate to the following matters:
I. Petitioner filed a petition for vaccine compensation under the National Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-l0 to 34 (the "Vaccine Program''). The petition
seeks compensation for injuries allegedly related to petitioner's receipt of the influenza vaccine,
which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received the flu vaccination on or about January 6, 2016.
3. The vaccine was administered within the United States.
4. Petitioner alleges that the vaccine caused her to develop Guillain-Barre Syndrome
("GBS"), and that she experienced the residual effects of this condition for more than six
months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her condition.
6. Respondent denies that the flu immunization is the cause of petitioner's alleged GBS,
and/or any other injuries or her current condition. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21 (a)(l ), the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
a. A lump sum of$1 IO,OOO.OO 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); and
b. A lump sum of$1,734.74, which amount represents compensation for reimbursement of a State of Alabama Medicaid lien, in the form of a check payable jointly to petitioner and
HMS Attention: AL Medicaid Subrogation Unit 4121 Carmichael Road, Suite 205 Montgomery, AL 3616
Petitioner agrees to endorse this payment to HMS.
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-2 l(a)(l), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
I0. Petitioner and her attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), including State compensation programs, insurance policies,
2 Federal or State health benefits programs (other than Title XIX of the Social Security Act (42
U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability of sufficient statutory funds.
12.. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalf of her heirs, executors, administrators, successors and/or
assigns, does forever irrevocably and unconditionally release, acquit and discharge the United
States and the Secretary of Health and Human Services from any and all actions or causes of
action (including agreements, judgments, claims, damages, loss of services, expenses and all
demands of whatever kind or nature) that have been brought, could have been brought, or could
be timely brought in the Court of Federal Claims, under the National Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out
of, any and all known or unknown, suspected or unsuspected personal injuries to or death of
petitioner resulting from, or alleged to have resulted from, the flu vaccine administered on or
about January 6, 2016 as alleged by petitioner in a petition for vaccine compensation filed on or
about February 22, 2017, in the United States Court of Federal Claims as petition No. l 7-253V.
3 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
I 6. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged OBS,
and/or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4 Respectfully submitted,
PETITIONER:
~f. ·{3~ ANNIE BROWN
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL:
~E~ / . /!)_/~ . CLAY RAGSDALE By ALLISON L. RILEY Deputy Director Ragsdale L.L.C Torts Branch 517 Beacon Parkway West Civil Division Birmingham, Alabama 35209 U.S. Department of Justice (205) 290-6800 P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES:
NARAYAN NAIR, MIY DANIEL A. PRINCIPATO Director, Division of Injury Compensation Trial Attorney Programs Torts Branch Healthcare Systems Bureau Civil Division Health Resources and Services Administration U.S. Department of Justice U.S. Department of Health and Human Services P.O. Box 146 5600 Fishers Lane Benjamin Franklin Station Parklawn Building, Mail Stop 08Nl46B Washington, DC 20044-0146 Rockville, MD 20857 (202) 616-3662