In the Anited States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-350V (not to be published) KKK KKK KK KK KK KK KK KK KK OK KK KK OK KRISTINA PEARSON, Filed: June 16, 2021 Petitioner, V.
Decision by Stipulation; Damages; Influenza (“Flu”) Vaccine; Transverse SECRETARY OF HEALTH AND Myelitis (“TM”).
*
HUMAN SERVICES, : *
Respondent. *
* *
HK OK OK OK OK KK OK OK OK OK OK ok Ok Ok Ok OK OK OK OK OK OK OK OK
Glen H. Sturtevant, Jr., Rawls Law Group, Richmond, VA, for Petitioner Mark K. Hellie, U.S. Department of Justice, Washington, DC, for Respondent
DECISION ON JOINT STIPULATION!
On March 27, 2020, Kristina Pearson (“Petitioner”) filed a petition, seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).” Pet., ECF No. 1. Petitioner alleges she suffered from transverse myelitis (“TM”) as a result of the influenza (“flu”) vaccination she received on October 11, 2018. See Stipulation { 2, 4, dated June 15, 2021 (ECF No. 38); see also Petition.
Respondent denies “that the flu vaccine caused petitioner’s alleged TM or any other injury
' Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-12(d)(4)(B), 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 Decision in its present form will be available. Jd.
* The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10-34 (2012)) (hereinafter “Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the pertinent subparagraph of 42 U.S.C. § 300aa. or her current condition.” See Stipulation § 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation filed June 15, 2021 that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein.
The stipulation awards: a lump sum of $190,000.00 in the form of a check payable to petitioner.
Stipulation 8. This award represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).
I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court is directed to enter judgment herewith.*
IT IS SO ORDERED.
s/ Katherine E. Oler Katherine E. Oler Special Master
> Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review. Jn the Gnited States Court of Federal Claims
KRISTINA PEARSON,
Petitioner, Case No. 20-350V (ECF) V. CHIEF SPECIAL MASTER CORCORAN SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Kristina Pearson, petitioner, 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 injuries allegedly related to petitioner’s receipt of the influenza (“flu”) vaccine, which is a vaccine contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a).
2. Petitioner received the flu vaccine on October 11, 2018.
3. The vaccination was administered within the United States.
4, Petitioner alleges that she sustained transverse myelitis (“TM”) that was caused by her receipt of the flu vaccine and alleges that she experienced the residual
effects of this injury for more than six months. 5. Petitioner represents that there has been no prior award or settlement ofa civil action for damages on her behalf as a result of her alleged injuries.
6. Respondent denies that the flu vaccine caused petitioner’s alleged TM or any other injury or her current condition.
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. As soon 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 $190,000.00 in the form ofa 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 in this case, and after petitioner has filed both a proper and timely election 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 proceeding upon this petition.
10. Petitioner and her 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 liable 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,
2 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.
11.
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In the Anited States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-350V (not to be published) KKK KKK KK KK KK KK KK KK KK OK KK KK OK KRISTINA PEARSON, Filed: June 16, 2021 Petitioner, V.
Decision by Stipulation; Damages; Influenza (“Flu”) Vaccine; Transverse SECRETARY OF HEALTH AND Myelitis (“TM”).
*
HUMAN SERVICES, : *
Respondent. *
* *
HK OK OK OK OK KK OK OK OK OK OK ok Ok Ok Ok OK OK OK OK OK OK OK OK
Glen H. Sturtevant, Jr., Rawls Law Group, Richmond, VA, for Petitioner Mark K. Hellie, U.S. Department of Justice, Washington, DC, for Respondent
DECISION ON JOINT STIPULATION!
On March 27, 2020, Kristina Pearson (“Petitioner”) filed a petition, seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).” Pet., ECF No. 1. Petitioner alleges she suffered from transverse myelitis (“TM”) as a result of the influenza (“flu”) vaccination she received on October 11, 2018. See Stipulation { 2, 4, dated June 15, 2021 (ECF No. 38); see also Petition.
Respondent denies “that the flu vaccine caused petitioner’s alleged TM or any other injury
' Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-12(d)(4)(B), 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 Decision in its present form will be available. Jd.
* The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10-34 (2012)) (hereinafter “Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the pertinent subparagraph of 42 U.S.C. § 300aa. or her current condition.” See Stipulation § 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation filed June 15, 2021 that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein.
The stipulation awards: a lump sum of $190,000.00 in the form of a check payable to petitioner.
Stipulation 8. This award represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).
I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court is directed to enter judgment herewith.*
IT IS SO ORDERED.
s/ Katherine E. Oler Katherine E. Oler Special Master
> Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review. Jn the Gnited States Court of Federal Claims
KRISTINA PEARSON,
Petitioner, Case No. 20-350V (ECF) V. CHIEF SPECIAL MASTER CORCORAN SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Kristina Pearson, petitioner, 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 injuries allegedly related to petitioner’s receipt of the influenza (“flu”) vaccine, which is a vaccine contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a).
2. Petitioner received the flu vaccine on October 11, 2018.
3. The vaccination was administered within the United States.
4, Petitioner alleges that she sustained transverse myelitis (“TM”) that was caused by her receipt of the flu vaccine and alleges that she experienced the residual
effects of this injury for more than six months. 5. Petitioner represents that there has been no prior award or settlement ofa civil action for damages on her behalf as a result of her alleged injuries.
6. Respondent denies that the flu vaccine caused petitioner’s alleged TM or any other injury or her current condition.
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. As soon 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 $190,000.00 in the form ofa 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 in this case, and after petitioner has filed both a proper and timely election 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 proceeding upon this petition.
10. Petitioner and her 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 liable 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,
2 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.
11. | Payment made pursuant to paragraph 8 of this Stipulation 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 unreimbursed 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 USC.§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acquit, and discharge the United States and the Secretary of an and duran 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 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 flu vaccination administered on October 11, 2018, as alleged by 3 petitioner in a petition for vaccine compensation filed on or about March 27, 2020, in the United States Court of Federal Claims as petition No. 20-350V.
14. 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.
15. If the special master fails to issue a decision in compkte conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in 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 parties firther agree and understand that the award described in this | Stipulation may reflect a compromise of the parties’ respective positions as to liability 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.
17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner’s
alleged TM or any other injury or her current condition. 18. All rights and obligations of petitioner hereunder shall apply equally to
petitioner’s heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION Jun 09 21, 01:16p
Respectfully submitted,
PETITIONER:
Mirtiv, Laon KRISTINA PEARSON
ATTORNEY OF RECORD FOR PETITIONER:
Mint sLentevar-
GLEN H. STURTEVANT Counsel for Petitioner
Rawls Law Group
211 Rocketts Way, Suite 100 Richmond, VA 23231 gsturtevant@rawblawgroup.com (804) 622-0675
AUTHORIZED REPRESENTATIVE OF THE SECRETARY OF HEALTH AND HUMAN SERVICES:
Dale Wheklar, PNSc, WS, APL, for
TAMARA OVERBY Acting Director, Division of Injury Compensation Programs Healthcare Systems Bureau Health Resources and Services Administration U.S. Department of Heath and Human Services 5600 Fishers Lane, 08N146B Rockville. MD 20857
Dated O6/iS}Z07. |
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AUTHORIED REPRESENTATIVE OF THE ATTORNEY GENERAL:
dt Osthud Ge on SWI
HEATHER L. PEARLMAN Acting Deputy Director
Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146
Benjamin Franklin Station Washington, DC 20044-0146
ATTONEY OF RECORD FOR RESPONDENT:
Hour |C Neeley lou, Norn V2. An
MARK K. HELLIE
Trial Attorney
Torts Branch, Civil Divsion
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
mark.hellie@ usdoj. gov
(202) 616-4208