Greer v. Secretary of Health and Human Services

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1345V (not to be published)

***************************** LINDA ADKINS GREER, as legal representative * of the ESTATE OF MICHAEL STEPHEN * Special Master Corcoran GREER, deceased, * * Petitioner, * Filed: April 27, 2017 * v. * * Decision by Stipulation; Damages; SECRETARY OF HEALTH * Influenza (“Flu”) Vaccine; AND HUMAN SERVICES, * Transverse Myelitis (“TM”); * Death. Respondent. * * *****************************

Milton C. Ragsdale, IV, Ragsdale LLC, Birmingham, AL, for Petitioner.

Collen C. Hartley, U.S. Dep’t of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On October 14, 2016, Linda Adkins Greer, as legal representative of the Estate of Michael Stephen Greer, filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 The petition alleges that Mr. Greer suffered from transverse myelitis (“TM”) as a result of his October 22, 2014, influenza (“flu”) vaccine. Petitioner further alleges that Mr. Greer’s death was the sequela of his alleged vaccine-related injury.

1 This Decision has been designated “not to be published,” which means I am not directing it to be posted on the Court of Federal Claims’s website. However, it will nevertheless be made public in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), 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 in its present form will be available. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Respondent denies that the flu vaccine caused Mr. Greer’s alleged TM, any other injury, or his death. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on April 27, 2017) that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation.

I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein.

The stipulation awards:

 A lump sum of $405,000.00 in the form of a check payable to Petitioner as legal representative of the Estate of Michael Stephen Greer.

Stipulation ¶ 8. This amount represents compensation for all damages that would be available under Section 15(a) of the Act.

I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner as legal representative of the Estate of Michael Stephen Greer. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the Court is directed to enter judgment herewith.3

IT IS SO ORDERED.

/s/ Brian H. Corcoran Brian H. Corcoran Special Master

3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review.