Leigh v. Secretary of Health and Human Services

Opinion

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

******************** * KERRY LEIGH and BENJAMIN * LEIGH, parents of E.L., a minor, * * No. 17-444V Petitioners, * Special Master Christian J. Moran * v. * Filed: April 27, 2018 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * acute disseminated encephalomyelitis * (“ADEM”). Respondent. * ******************** *

Ronald C. Homer & Christina M. Ciampolillo, Conway Homer, P.C., Boston, MA, for Petitioner; Daniel A. Principato, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1

On April 26, 2018, the parties filed a joint stipulation concerning the petition for compensation filed by Kerry and Benjamin Leigh on behalf of their child, E.L., on March 28, 2017. Petitioners alleged that the influenza (“flu”) vaccine received by E.L. on October 22, 2015, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused E.L. to suffer acute disseminated encephalomyelitis. Petitioners further allege that E.L. suffered the residual effects of this injury for more than six months. Petitioners represent that there has been no prior award or settlement of a civil action for damages on behalf of E.L. as a result of E.L.’s condition.

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. Respondent denies that the influenza vaccine caused E.L. to suffer acute disseminated encephalomyelitis, or any other injury.

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. A lump sum of $8,000.00 in the form of a check payable to petitioners for full satisfaction of past unreimbursable expenses.

b. A lump sum payment of $122,000.00 in the form of a check payable to petitioners, as guardians/conservators of E.L.’s estate. 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 17-444V according to this decision and the attached stipulation.2

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. 2