Morales v. Secretary of Health and Human Services

• Court: United States Court of Federal Claims
• Decided: January 22, 2019
• Docket: 17-694
• Status: Unpublished

Opinion

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

********************* VICTOR MORALES, * * No. 17-694V Petitioner, * Special Master Christian J. Moran * v. * * Filed: December 21, 2018 SECRETARY OF HEALTH * AND HUMAN SERVICES, * Stipulation; flu vaccine; transverse * myelitis. Respondent. * ********************* Diana L. Stadelnikas, Maglio, Christopher & Toale, Sarasota, FL, for Petitioner; Glenn A. MacLeod, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1

On December 18, 2018, the parties filed a joint stipulation concerning the petition for compensation filed by Victor Morales on May 25, 2017. Petitioner alleged that the flu vaccine he received on or about September 3, 2015, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer transverse myelitis. Petitioner further alleges that he 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 his behalf as a result of his condition.

Respondent denies that the vaccines either caused or significantly aggravated petitioner’s alleged injury or any other injury, and denies that petitioner's current disabilities are the result of a vaccine-related injury.

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. 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 $100,000.00 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 in case 17-694V 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.