Rosof v. Secretary of Health and Human Services

• Court: United States Court of Federal Claims
• Decided: March 20, 2017
• Docket: 14-766
• Status: Unpublished

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: February 23, 2017 No. 14-766V

* * * * * * * * * * * * * * * JOAN ROSOF, * * UNPUBLISHED * Petitioner, * Chief Special Master Dorsey * v. * Influenza (“Flu”) Vaccine; * Peripheral Neuropathy; SECRETARY OF HEALTH * Decision on Joint Stipulation AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * *

Lisa Annette Roquemore, Law Office of Lisa A. Roquemore, Rancho Santa Margarita, CA, for petitioner. Gordon Elliott Shemin, U.S. Department of Justice, Washington, DC, for respondent.

DECISION1

On August 22, 2014, Joan Rosof (“petitioner”) filed a petition under the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner alleges that as a result of an influenza (“flu”) vaccine received on or about September 14, 2012, she suffered a peripheral neuropathy, with residual effects lasting for more than six months. Petition at ¶¶ 2, 4.

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this ruling on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012)(Federal Management and Promotion of Electronic Government Services). As provided by Vaccine Rule 18(b), each party has 14 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). 2 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.A. § 300aa.

1 On February 22, 2017, the parties filed a stipulation recommending an award of compensation to petitioner. Stipulation (ECF No. 65). Respondent denies that the flu vaccine caused any injury to petitioner. 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 the following compensation:

1) A lump sum of $225,000.00, in the form of a check payable to petitioner, Ms. Joan Rosof;

These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Joint 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.3

IT IS SO ORDERED.

/s/ Nora Beth Dorsey Nora Beth Dorsey Chief 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.