Garcia v. Secretary of Health and Human Services

• Court: United States Court of Federal Claims
• Decided: November 13, 2018
• Docket: 16-1687
• Status: Unpublished

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: October 17, 2018

* * * * * * * * * * * * * LUIS GARCIA, * UNPUBLISHED * Petitioner, * No. 16-1687V * v. * Special Master Gowen * SECRETARY OF HEALTH * Influenza (“Flu”) Vaccination; AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”); * Chronic Inflammatory Demyelinat- Respondent. * ing Polyneuropathy (“CIDP”). * * * * * * * * * * * * *

Jeffrey S. Pop, Beverly Hills, CA, for petitioner. Adriana R. Teitel, United States Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On December 22, 2016, Luis Garcia (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner received an influenza (“flu”) vaccination on September 7, 2015. Petitioner alleged that he suffered Guillain-Barré Syndrome (“GBS”) and/ or chronic inflammatory demyelinating polyneuropathy (“CIDP”) as a result of receiving the flu vaccination.

On October 17, 2018, respondent filed a joint stipulation providing that a decision should be entered awarded compensation to petitioner. Joint Stipulation (ECF No. 43). Respondent denies that petitioner’s alleged GBS and/ or CIDP or its residual effects were caused-in-fact by his flu vaccine. Respondent further denies that the flu vaccine caused petitioner any other injury

1 Because this decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the website of the United States Court of Federal Claims, pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012). The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the decision 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 decision.” Id. If neither party files a motion for redaction within 14 days, the decision will be posted on the court’s website. 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. or his 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 to petitioner according to the terms of the joint stipulation attached hereto as Appendix A.

The joint stipulation awards a lump sum of $215,000.00 in the form of a check payable to petitioner. This amount represents all damages that would be available under 42 U.S.C. § 300aa-15(a).

I find the stipulation reasonable and I adopt it as the decision of the Court in awarding damages, 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 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties jointly or separately filing notice renouncing their right to seek review.