Hale v. Secretary of Health and Human Services

• Court: United States Court of Federal Claims
• Decided: January 12, 2017
• Docket: 15-1040
• Status: Unpublished

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS

********************* TERRANCE JACOB HALE, * * No. 15-1040 Petitioner, * Special Master Christian J. Moran * v. * Filed: December 16, 2016 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * Guillain-Barré syndrome (“GBS”). * Respondent. * *********************

Eric J. Neiman, Williams, Kastner & Gibbs PLLC, Portland, OR, for Petitioner; Lisa A. Watts, U.S. Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1

On December 16, 2016, the parties filed a joint stipulation concerning the petition for compensation filed by Terrance J. Hale on September 17, 2015. In his petition, petitioner alleged that the influenza vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on December 15, 2013, caused him to suffer Guillain-Barré Syndrome (“GBS”). Petitioner further alleges that he 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 his behalf as a result of his condition.

Respondent denies that the influenza vaccine caused petitioner to suffer GBS 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 $452,450.46 in the form of a check payable to petitioner, Terrance J. Hale. 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 15-1040V according to this decision and the attached stipulation.2

Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357- 6360.

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.