Sn the Cnited States Court of Federal Claiung
OFFICE OF SPECIAL MASTERS Filed: March 30, 2021
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ROBIN POSNIAK, * UNPUBLISHED * Petitioner, * No. 16-1351V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine; * Transverse Myelitis (“TM”). Respondent. * * * ok Ok ck ok ok ck ok kk ok OK Kk ok OK Kk ok OK
Robert Joel Krakow, Law Office of Robert J. Krakow, P.C., New York, NY, for petitioner. Camille Michelle Collett, US Department of Justice, Washington, DC, for respondent.
DECISION BASED ON STIPULATION!
On October 17, 2016, Robin Posniak (“petitioner”) filed a petition in the National Vaccine Injury Compensation Program.” Petitioner alleged that as a result of an influenza (“flu”)
vaccine on October 16, 2013, she developed transverse myelitis (“TM”). Petition at Preamble (ECF No. 1).
On March 30, 2021, the parties filed a stipulation recommending an award of compensation to petitioner. Stipulation (ECF No. 153). Respondent denies that the flu vaccine caused petitioner’s alleged TM and/r any other injury or condition. Nevertheless, the parties
' Because this Decision contains a reasoned explanation for the action in this case, the undersigned is required to post it on the United States Court of Federal Claims’ website in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the Internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access.
? The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (“Vaccine Act” or “the Act”). All citations in this Decision to individual sections of the Vaccine Act are to 42 U.S.C. § 300aa
1 agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
(1) A lump sum of $80,000.00 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). Stipulation at { 8.
The undersigned approves the requested amount for petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.*
IT IS SO ORDERED.
s/Nora B. Dorsey Nora B. Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
ROBIN POSNIAK,
Petitioner, v. No. 16-1351V
Special Master Nora Beth Dorscy
SECRETARY OF HEALTH AND ECF HUMAN SERVICES,
Respondent.
IPULATION
The parties hereby stipulate to the folowimg matters:
1. Petitioner filed a petition for vaccme 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 vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a).
2. Petitioner received the influcnza vaccination on or about October 16, 2013.
3. The vaccine was administered within thc United States.
4, Petitioner alleges that she suffered transverse myelitis (“TM”), which was caused by the flu vaccine, Petitioner further alleges that she experienced the residual effects of her alleged TM for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her condition.
9 /0 # 0081: WdZE TL bo-72-€0 6. Respondent denies that the flu vaccine caused petitioner’s alleged TM and/or any other injury or condition.
7. Maintaining their above-stated positions, the parties neverthcless 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 $80,000.00 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).
9. As soon as practicable after the entry of judgment on entitlement 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 attomeys’ fees and costs incurred in proceeding upon this petition.
10, Petitioner and her attorney represent that they have identificd to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), including State compensation programs, 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 entities that provide health services on a pre-paid basis,
9 /& # 0081: WdZ€ +715 b2-70-€0 11, Payment made pursuant to paragraph 8 of this Stipulation, and any amount awarded pursuant to paragraph 9, will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds,
12.
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Sn the Cnited States Court of Federal Claiung
OFFICE OF SPECIAL MASTERS Filed: March 30, 2021
* Kk Ok ok Ok Ck ok Ok ok Xk Kk Ok Kk Ok Kk OK OK Kk
ROBIN POSNIAK, * UNPUBLISHED * Petitioner, * No. 16-1351V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine; * Transverse Myelitis (“TM”). Respondent. * * * ok Ok ck ok ok ck ok kk ok OK Kk ok OK Kk ok OK
Robert Joel Krakow, Law Office of Robert J. Krakow, P.C., New York, NY, for petitioner. Camille Michelle Collett, US Department of Justice, Washington, DC, for respondent.
DECISION BASED ON STIPULATION!
On October 17, 2016, Robin Posniak (“petitioner”) filed a petition in the National Vaccine Injury Compensation Program.” Petitioner alleged that as a result of an influenza (“flu”)
vaccine on October 16, 2013, she developed transverse myelitis (“TM”). Petition at Preamble (ECF No. 1).
On March 30, 2021, the parties filed a stipulation recommending an award of compensation to petitioner. Stipulation (ECF No. 153). Respondent denies that the flu vaccine caused petitioner’s alleged TM and/r any other injury or condition. Nevertheless, the parties
' Because this Decision contains a reasoned explanation for the action in this case, the undersigned is required to post it on the United States Court of Federal Claims’ website in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the Internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access.
? The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (“Vaccine Act” or “the Act”). All citations in this Decision to individual sections of the Vaccine Act are to 42 U.S.C. § 300aa
1 agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
(1) A lump sum of $80,000.00 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). Stipulation at { 8.
The undersigned approves the requested amount for petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.*
IT IS SO ORDERED.
s/Nora B. Dorsey Nora B. Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
ROBIN POSNIAK,
Petitioner, v. No. 16-1351V
Special Master Nora Beth Dorscy
SECRETARY OF HEALTH AND ECF HUMAN SERVICES,
Respondent.
IPULATION
The parties hereby stipulate to the folowimg matters:
1. Petitioner filed a petition for vaccme 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 vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a).
2. Petitioner received the influcnza vaccination on or about October 16, 2013.
3. The vaccine was administered within thc United States.
4, Petitioner alleges that she suffered transverse myelitis (“TM”), which was caused by the flu vaccine, Petitioner further alleges that she experienced the residual effects of her alleged TM for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her condition.
9 /0 # 0081: WdZE TL bo-72-€0 6. Respondent denies that the flu vaccine caused petitioner’s alleged TM and/or any other injury or condition.
7. Maintaining their above-stated positions, the parties neverthcless 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 $80,000.00 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).
9. As soon as practicable after the entry of judgment on entitlement 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 attomeys’ fees and costs incurred in proceeding upon this petition.
10, Petitioner and her attorney represent that they have identificd to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), including State compensation programs, 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 entities that provide health services on a pre-paid basis,
9 /& # 0081: WdZ€ +715 b2-70-€0 11, Payment made pursuant to paragraph 8 of this Stipulation, and any amount awarded pursuant to paragraph 9, 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 unrcimbursable 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 U.S.C. § 300aa-15(g) and (h).
13. In return for the payment described in paragraph 8, and any amount awarded pursuant to paragraph 9, petitioner, m her mdividual capacity, and on behalf of her heirs, executors, administrators, successors and/or assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human 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 influenza vaccine administered on or about October 16, 2013, as alleged by petitioner in a petition for vaccine compensation filed on or about October17, 2016, in the United States Court of Federal Claims as petition No. 16-1351V.
14, If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on bebalf of either or both of the parties.
9 /b # 008; : WE 7b Sb 0-p7-£0 15. If the special master fails to issuc a decision in complete 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 Chikdhood 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 partics hereto to make any payment or do any act or thing other than is herein expressly stated and clearly agrecd to, The partics further 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 revisc this agreement.
17. This Stipulation shall not be construcd as an admission by the United States or the Secretary of Health and Human Services that the influenza vaccine caused petitioner’s alleged TM or any other injury or 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 / / / / / / / / / / 4
9 /S # 0081: ‘WdZ8 274s b7-p0-£0 Respectfully submitted, PETITIONER:
Ruin Casual
ROBIN POSNIAK
ATTORNEY OF RECORD FOR PETITIONER:
4 ROBERT J, KRAKOW Law Offices of Robert J. Krakow, P.C. 233 Broadway, Suite 2320 New York, NY 10279 (212) 227-0600 E-mail: rkrakow@krakowlaw.com
AUTHORIZED REPRESENTATIVE OF THE SECRETARY OF HEALTH AND HUMAN SERVICES:
CHET Diab Wushlar, PN'Se, fee
TAMARA OVERBY
Acting Director, Division of Injury Compensation
Programs (DICP)
Heakhcare Systems Bureau
Health Resources and Services Administration U.S. Department of Health and Human Services 5600 Fishers Lane, Mail Stop 08N146B Rockville, MD 20857
o3\gol22 |
DATE:
9 /9 # 0081:
AUTHORIZED REPRSENTATIVE OF THE ATTORNEY GENERAL:
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
ATTORNEY OF RECORD FOR RESPONDENT:
Camtly pes iclegerhen CP CAA cams M. COLLETT Trial Attorney Torts Branch Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 Tel: (202) 616-4098 E-mail; Camille,M,Collett@usdoj.gov
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