Itsell v. Secretary of Health and Human Services

Federal Claims

Itsell v. Secretary of Health and Human Services

CourtUnited States Court of Federal Claims

DecidedJune 28, 2017

Docket16-1150

StatusUnpublished

This text of Itsell v. Secretary of Health and Human Services (Itsell 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.

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Itsell v. Secretary of Health and Human Services, (uscfc 2017).

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Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1150V (Not to be published)

************************* * SUSAN ITSELL, * * Petitioner, * Filed: June 1, 2017 * v. * Decision by Stipulation; Influenza Vaccine: * Pneumococcal Conjugate Vaccine; SECRETARY OF HEALTH AND * Guillain-Barre Syndrome (GBS) HUMAN SERVICES * * Respondent. * * *************************

DECISION

HASTINGS, Special Master.

This is an action seeking an award under the National Vaccine Injury Compensation Program1 on account of an injury suffered by Susan Itsell. On May 22, 2017, counsel for both parties filed a Stipulation, stipulating that a decision should be entered granting compensation. The parties have stipulated that Petitioner shall receive the following compensation:

● A lump sum of $165,000.00, in the form of a check payable to Petitioner, representing compensation for all damages that would be available under 42 U.S.C. §300aa-15(a).

Under the statute governing the Program, as well as the “Vaccine Rules” adopted by this court, the special master must now enter a decision endorsing that stipulation, and the clerk must enter judgment, in order to authorize payment of the award. See § 300aa-12(d)(3)(A) and (e)(3); § 300aa-13(a); Vaccine Rules 10(a), 11(a).2

1 The applicable statutory provisions defining the Program are found at 42 U.S.C. § 300aa-10 et seq. (2012 ed.). Hereinafter, for ease of citation, all "§" references will be to 42 U.S.C. (2012 ed.). 2 The “Vaccine Rules of the United States Court of Federal Claims” are found in Appendix B of the Rules of the United States Court of Federal Claims. I have reviewed the file, and based on that review, I conclude that the parties’ stipulation appears to be an appropriate one. Accordingly, my decision is that a Program award shall be made to Petitioner in the amount set forth above. In the absence of a timely-filed motion for review of this Decision, the clerk shall enter judgment in accordance herewith.

IT IS SO ORDERED.

/s/ George L. Hastings, Jr. George L. Hastings, Jr. Special Master Case 1:16-vv-01150-UNJ Document 24 Filed 05/22/17 Page 1 of 5 Case 1:16-vv-01150-UNJ Document 24 Filed 05/22/17 Page 2 of 5 Case 1:16-vv-01150-UNJ Document 24 Filed 05/22/17 Page 3 of 5 Case 1:16-vv-01150-UNJ Document 24 Filed 05/22/17 Page 4 of 5 Case 1:16-vv-01150-UNJ Document 24 Filed 05/22/17 Page 5 of 5

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In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1150V (Not to be published)

************************* * SUSAN ITSELL, * * Petitioner, * Filed: June 1, 2017 * v. * Decision by Stipulation; Influenza Vaccine: * Pneumococcal Conjugate Vaccine; SECRETARY OF HEALTH AND * Guillain-Barre Syndrome (GBS) HUMAN SERVICES * * Respondent. * * *************************

DECISION

HASTINGS, Special Master.

This is an action seeking an award under the National Vaccine Injury Compensation Program1 on account of an injury suffered by Susan Itsell. On May 22, 2017, counsel for both parties filed a Stipulation, stipulating that a decision should be entered granting compensation. The parties have stipulated that Petitioner shall receive the following compensation:

● A lump sum of $165,000.00, in the form of a check payable to Petitioner, representing compensation for all damages that would be available under 42 U.S.C. §300aa-15(a).

Under the statute governing the Program, as well as the “Vaccine Rules” adopted by this court, the special master must now enter a decision endorsing that stipulation, and the clerk must enter judgment, in order to authorize payment of the award. See § 300aa-12(d)(3)(A) and (e)(3); § 300aa-13(a); Vaccine Rules 10(a), 11(a).2

1 The applicable statutory provisions defining the Program are found at 42 U.S.C. § 300aa-10 et seq. (2012 ed.). Hereinafter, for ease of citation, all "§" references will be to 42 U.S.C. (2012 ed.). 2 The “Vaccine Rules of the United States Court of Federal Claims” are found in Appendix B of the Rules of the United States Court of Federal Claims. I have reviewed the file, and based on that review, I conclude that the parties’ stipulation appears to be an appropriate one. Accordingly, my decision is that a Program award shall be made to Petitioner in the amount set forth above. In the absence of a timely-filed motion for review of this Decision, the clerk shall enter judgment in accordance herewith.

IT IS SO ORDERED.

/s/ George L. Hastings, Jr. George L. Hastings, Jr. Special Master Case 1:16-vv-01150-UNJ Document 24 Filed 05/22/17 Page 1 of 5 Case 1:16-vv-01150-UNJ Document 24 Filed 05/22/17 Page 2 of 5 Case 1:16-vv-01150-UNJ Document 24 Filed 05/22/17 Page 3 of 5 Case 1:16-vv-01150-UNJ Document 24 Filed 05/22/17 Page 4 of 5 Case 1:16-vv-01150-UNJ Document 24 Filed 05/22/17 Page 5 of 5

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