Rosa v. Secretary of Health and Human Services

• Court: United States Court of Federal Claims
• Decided: April 19, 2017
• Docket: 14-886
• Status: Unpublished

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: March 24, 2017

* * * * * * * * * * * * * THERESA ROSA, * UNPUBLISHED OPINION * Petitioner, * No. 14-886V * v. * Special Master Gowen * SECRETARY OF HEALTH * Decision on Damages; AND HUMAN SERVICES, * Joint Stipulation; Influenza * (“Flu”) Vaccine; Respondent. * Guillan-Barré syndrome (“GBS”); * Acute Renal Failure; * Wegener’s Granulomatosis * * * * * * * * * * * * *

Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA for petitioner. Michael Patrick Milmoe, U.S. Department of Justice, Washington, D.C. for respondent.

DECISION ON JOINT STIPULATION1

On September 22, 2014, Theresa Rosa (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq2 [the “Vaccine Act” or “Program”]. Petitioner alleges that she suffered Guillan-Barré syndrome (“GBS”), acute renal failure, and Wegener’s Granulomatosis which were caused-in-fact by an influenza (“flu”) vaccine received on September 27, 2011. Stipulation (ECF No. 60), ¶ 4.

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend to post this ruling on the United States Court of Federal Claims' website, in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). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to delete medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will delete such material from public access. 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 On March 23, 2017, the parties filed a stipulation recommending an award of compensation to petitioner. Stipulation (ECF No. 60). Respondent denies that the flu vaccine caused petitioner’s alleged GBS, acute renal failure, Wegener’s Granulomatosis, or any other injury, and further denies that petitioner’s current disabilities are sequelae of a vaccine-related injury. Nevertheless, the parties 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 a lump sum of $100,000.00, in the form of a check payable to petitioner, Ms. Theresa Rosa. Joint Stipulation at ¶ 8. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id.

The undersigned approves the requested amount for petitioner’s compensation. Accordingly, the Clerk of the Court is directed to enter judgment in accordance with the parties’ stipulation.3

IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen 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.