In the Gnited States Court of Federal Clans
OFFICE OF SPECIAL MASTERS
* RR KKK KK RK KK KK KK KK KR OF
LESIA JONES, * * No. 19-23V Petitioner, ** Special Master Christian J. Moran Ed V. ** Filed: February 1, 2022 Ed SECRETARY OF HEALTH ** Stipulation; Hepatitis B vaccine; AND HUMAN SERVICES, ** varicella vaccine; post-herpetic * neuralgia. Respondent. * ke RK KK KKK KK KR KK KR KK OK KOK
Milton C. Ragsdale, IV, Ragsdale LLC, Birmingham, AL, for Petitioner; Alexa Roggenkamp, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION'
On February 1, 2022, the parties filed a joint stipulation concerning the petition for compensation filed by Lesia Jones on January 4, 2019. Petitioner alleged that the Hepatitis B and varicella vaccines she received on or about September 7, 2016, which are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused her to suffer from post-herpetic neuralgia. 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 condition.
Respondent denies that the vaccines caused petitioner alleged injuries or any or injury or petitioner’s current disabilities.
' 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 $60,000.00 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).
In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation.”
IT IS SO ORDERED.
s/Christian J. Moran Christian J. Moran Special Master
* 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. IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
LESIA JONES,
Petitioner, No. 19-23V Special Master Moran Vv. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.
STIPULATION The parties hereby stipulate to the following matters:
|. Petitioner, Lesia Jones, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the “Vaccine Program”). The petition seeks compensation for injurics allegedly related to petitioner’s receipt of hepatitis B and varicella vaccines, which vaccines are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3 (a).
2. Petitioner received the vaccines on or about September 7, 2016.
3. The vaccines were administered within the United States.
4. Petitioner alleges that she sustained injuries, including post-herpetic neuralgia, asa result of receiving the vaccines, and further alleges that she experienced residual effects of these alleged injures for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action for damages arising out of the alleged vaccine injury.
6. Respondent denies that the vaccines caused petitioner's alleged injuries or any -l- other mjury or petitioner’s current disabilities.
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. Assoon 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)(1), the Secretary of Health and Human Services will issue the following vaccine compensation payment:
A lump sum of $60,000.00 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).
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 clection to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys’ fees and costs incurred in any proceeding upon this petition,
10. Petitioner and petitioner’s attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily hable under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, 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, and represent that they have identified to respondent all known sources of payment for items or
services tor which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g).
2. 1. Payment(s) 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. § 300a
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In the Gnited States Court of Federal Clans
OFFICE OF SPECIAL MASTERS
* RR KKK KK RK KK KK KK KK KR OF
LESIA JONES, * * No. 19-23V Petitioner, ** Special Master Christian J. Moran Ed V. ** Filed: February 1, 2022 Ed SECRETARY OF HEALTH ** Stipulation; Hepatitis B vaccine; AND HUMAN SERVICES, ** varicella vaccine; post-herpetic * neuralgia. Respondent. * ke RK KK KKK KK KR KK KR KK OK KOK
Milton C. Ragsdale, IV, Ragsdale LLC, Birmingham, AL, for Petitioner; Alexa Roggenkamp, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION'
On February 1, 2022, the parties filed a joint stipulation concerning the petition for compensation filed by Lesia Jones on January 4, 2019. Petitioner alleged that the Hepatitis B and varicella vaccines she received on or about September 7, 2016, which are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused her to suffer from post-herpetic neuralgia. 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 condition.
Respondent denies that the vaccines caused petitioner alleged injuries or any or injury or petitioner’s current disabilities.
' 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 $60,000.00 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).
In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation.”
IT IS SO ORDERED.
s/Christian J. Moran Christian J. Moran Special Master
* 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. IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
LESIA JONES,
Petitioner, No. 19-23V Special Master Moran Vv. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.
STIPULATION The parties hereby stipulate to the following matters:
|. Petitioner, Lesia Jones, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the “Vaccine Program”). The petition seeks compensation for injurics allegedly related to petitioner’s receipt of hepatitis B and varicella vaccines, which vaccines are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3 (a).
2. Petitioner received the vaccines on or about September 7, 2016.
3. The vaccines were administered within the United States.
4. Petitioner alleges that she sustained injuries, including post-herpetic neuralgia, asa result of receiving the vaccines, and further alleges that she experienced residual effects of these alleged injures for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action for damages arising out of the alleged vaccine injury.
6. Respondent denies that the vaccines caused petitioner's alleged injuries or any -l- other mjury or petitioner’s current disabilities.
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. Assoon 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)(1), the Secretary of Health and Human Services will issue the following vaccine compensation payment:
A lump sum of $60,000.00 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).
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 clection to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys’ fees and costs incurred in any proceeding upon this petition,
10. Petitioner and petitioner’s attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily hable under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, 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, and represent that they have identified to respondent all known sources of payment for items or
services tor which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g).
2. 1. Payment(s) 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 petitioner's individual capacity, and on behalf of petitioner’s heirs, executors. administrators, successors 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 United States 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 vaccinations as alleged by petitioner in a petition for vaccine compensation filed on or about January 4, 2019, m the United States Court of Federal Claims as petition No. 19-23V.
4. 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.
-3- 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the United States Court of Federal Claims fails to enter judgment m 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.
16. 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 partics further agree and understand that the award described in this Stipulation may reflect a compromise of the parties’ respective positions as to lability 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.
(7. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the vaccines caused petitioner’s alleged injuries or any other injury or petitioner’s current condition.
1% All rights and obligations of petitioner hereunder shall apply equally to petitioner’s heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
ee, ee Respectfully submitted,
PETITIONER:
; et Opp a ta lat gate “L- ore Whig &
LESIA JONES
ATTORNEY OF RECORD FOR PETITIONER:
Me RAGSDALE ~~ Ragsdale L.L.C 517 Beacon Parkway West
Birmingham, Alabama 35209 Telephone: (205) 290-6800
AUTHORIZED REPRESENTATIVE OF THE SECRETARY OF HEALTH AND HUMAN SERVICES:
deren
AUTHORIZED REPRESENTATIVE OF THE ATTORNEY GENERAL:
CELIA — HEATHER L. PEARLMAN
Deputy Director
Torts Branch
Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamm Franklin Station
Washington, DC 20044-0146
ATTORNEY OF RECORD FOR RESPONDENT:
Dale Wiahlsr, ON Sc, APRN, for po ee | Peat
CDR GEORGE REED GRIMES, MD,
Director, Division of Injury Compensation Programs
Health Systems Bureau
Health Resources and Services Adnunistration
U.S. Department of Health and Human Services
5600 Fishers Lane, 08N 146B
Rockville, MD 20857
H ALEXA ROGGENKAMP
Trial Attorney
Benjamin Franklin Station Washington, DC 20044-0146
Tel: 202-616-4179
Email: alexa.roggenkamp@usdoj.gov