Kelly v. Secretary of Health and Human Services

• Court: United States Court of Federal Claims
• Decided: April 3, 2017
• Docket: 15-765
• Status: Unpublished

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS (Filed: March 9, 2017) No. 15-765V

* * * * * * * * * * * * * DAWN KELLY, * UNPUBLISHED * Petitioner, * Decision on Joint Stipulation; * Guillain-Barre Syndrome v. * (“GBS”); Influenza (“Flu”) * Vaccine. SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * *

Carol Gallagher, Carol Gallagher, Esquire, LLC, Linwood, NJ, for petitioner. Adriana Teitel, US Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

Roth, Special Master:

On July 22, 2015, Dawn Kelly [“Ms. Kelly,” or “petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that she developed Guillain-Barre Syndrome (“GBS”) as a result of receiving an influenza

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2012)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).

1 vaccination on October 12, 2012. See Stipulation, filed March 8, 2017, at ¶¶ 1-4. Respondent denies that the influenza immunization caused petitioner’s injury. Stipulation at ¶ 6.

Nevertheless, the parties have agreed to settle the case. On March 8, 2017, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms.

Respondent agrees to issue the following payments:

(1) A lump sum payment of $1,152.92, representing compensation for full satisfaction of the State of Georgia Medicaid lien, in the form of a check payable jointly to petitioner and:

Georgia Department of Community Health PO Box 1984 Atlanta, GA 30301-1984

Petitioner agrees to endorse this payment to Georgia Department of Community Health; and

(2) A lump sum of $60,000.00 in the form of a check payable to petitioner, Dawn Kelly. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.3

IT IS SO ORDERED.

s/ Mindy Michaels Roth Mindy Michaels Roth Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2