Lewis v. Secretary of Health and Human Services

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-224V Filed: March 18, 2019

* * * * * * * * * * * * * * * DOMINIQUE M. LEWIS, as * UNPUBLISHED Administratrix of the Estate of * JACQUELINE MARIE LEWIS, * Deceased, * Decision on Joint Stipulation; Guillain- * Barré Syndrome (“GBS”), Chronic Petitioner, * Inflammatory Demyelinating v. * Polyneuropathy (“CIDP”), Paraparesis, * Hypoxic Respiratory Failure, Ischemia, SECRETARY OF HEALTH * Myocardial Infarctions, Pleural Effusions, AND HUMAN SERVICES, * Pericardial Effusion, and Congestive Heart * Failure; Influenza (“Flu”) Vaccine Respondent. * * * * * * * * * * * * * * * * Bruce Slane, Esq., Law Office of Bruce W. Slane, PC, White Plains, NY, for petitioner. Amy Kokot, Esq., US Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

Roth, Special Master:

On February 16, 2017, Dominique Lewis (“petitioner”), as administratrix of the estate of Jacqueline Lewis, (“Ms. Lewis”), deceased, filed a petition for compensation on behalf of Ms. Lewis under the National Vaccine Injury Compensation Program.2 Petitioner alleged that Ms. Lewis developed Guillain-Barré syndrome (“GBS”), chronic inflammatory demyelinating polyneuropathy (“CIDP”), paraparesis, hypoxic respiratory failure, ischemia, myocardial

1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107- 347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision will be available to anyone with access to the internet. However, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public. Id. 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 infarctions, pleural effusions, pericardial effusion, and congestive heart failure after receiving the influenza (“flu”) vaccine on October 16, 2015. Stipulation, filed March 18, 2019, at ¶¶ 1-4. Respondent denies that the aforementioned immunization caused petitioner’s injuries. Stipulation at ¶ 6.

Nevertheless, the parties have agreed to settle the case. On March 18, 2019, 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 of $180,000.00 in the form of a check payable to petitioner, Dominique Lewis, as administratrix of the estate of Jacqueline Lewis. This amount represents compensation for all damages that would be available under § 300aa-15(a).

2. A lump sum of $12,158.69, which represents reimbursement of a Commonwealth of Virginia Medicaid lien, in the form of a check payable jointly to petitioner and:

Department of Medical Assistance Services Accounts Receivable Unit, TPLC, 8th Floor 600 E. Broad Street Richmond, VA 23219 Attn: Abbie Cooke Recovery Analyst Case Identification No. 031-021400-010

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