In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-274V (Not to be published)
***************************** * WILLIE ANDRE SIMMONS, * * Petitioner, * Filed: February 4, 2015 * v. * Decision by Stipulation; Damages; * Influenza (“Flu”) Vaccine; * Chronic Inflammatory SECRETARY OF HEALTH AND * Demyelinating Polyneuropathy HUMAN SERVICES, * (“CIDP”) * Respondent. * * * ***************************** Danielle Anne Strait, Maglio Christopher and Toale, PA, Washington, DC, for Petitioner.
Traci R. Patton, U.S. Dep’t of Justice, Washington, DC, for Respondent
DECISION AWARDING DAMAGES 1
On April 18, 2013, Petitioner Willie Andre Simmons filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”). 2 Petitioner alleges that he suffered Chronic Inflammatory Demyelinating
1 Because this decision contains a reasoned explanation for my action in this case, I will post this decision on the United States Court of Federal Claims’ website, in accordance with the E- Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of confidential information. Specifically, under 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). Otherwise, the whole decision will be available to the public. (Id.) 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, Polyneuropathy (“CIDP”) and related complications as a result of receiving the influenza (“flu”) vaccine.
Respondent denies that Petitioner’s CIDP and any related medical problems were caused by the receipt of the flu vaccine. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation filed February 4, 2015 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. A lump sum of $806,560.40, in the form of a check payable to petitioner. This amount represents compensation for past and future lost earnings, past and future pain and suffering, and past and future unreimbursable out of pocket expenses; and
b. A lump sum of $46,609.27, in the form of a check payable jointly to petitioner and SC Department of Health & Human Services. This amount represents reimbursement of a State of South Carolina Medicaid lien.
Stipulation ¶ 8.
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. 3
IT IS SO ORDERED.
/s/ Brian H. Corcoran Brian H. Corcoran Special Master
42 U.S.C.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa. 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review.
2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
) WILLIE ANDRE SIMMONS, ) ) Petitioner, ) No. 13-274V v. ) Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
1. Willie Andre Simmons, petitioner, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10 et seq. (the “Vaccine
Program”). The petition seeks compensation for injuries allegedly related to Mr. Simmons’s
receipt of the influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table
(the “Table”), 42 C.F.R. § 100.3(a).
2. Petitioner received his flu immunization on December 1, 2010.
3. The vaccine was administered within the United States.
4. Petitioner alleges that the flu vaccine caused him to suffer Chronic Inflammatory
Demyelinating Polyneuropathy (“CIDP”).
5. 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.
6. Respondent denies that the flu vaccine caused petitioner to suffer CIDP or any other
injury or condition.
1 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 payments:
a. A lump sum of $806,560.40, which amount represents compensation for past and future lost earnings, past and future pain and suffering, and past and future unreimbursable out of pocket expenses, in the form of a check payable to petitioner; and
b. A lump sum of $46,609.27, which amount represents reimbursement of a State of South Carolina Medicaid lien, in the form of a check payable jointly to petitioner and
SC Department of Health & Human Services (DHHS) Reporting and Receivables P.O. Box 8355 Columbia, SC 290202-9189 Re: Case Number 299320 Medicaid No.: 8781354645
Petitioner agrees to endorse the check to the SC Department of Health & Human
Services (DHHS).
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 attorneys’ fees and costs incurred in proceeding upon this
petition.
10. Petitioner and his 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
2 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, insurance policies, Federal or
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In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-274V (Not to be published)
***************************** * WILLIE ANDRE SIMMONS, * * Petitioner, * Filed: February 4, 2015 * v. * Decision by Stipulation; Damages; * Influenza (“Flu”) Vaccine; * Chronic Inflammatory SECRETARY OF HEALTH AND * Demyelinating Polyneuropathy HUMAN SERVICES, * (“CIDP”) * Respondent. * * * ***************************** Danielle Anne Strait, Maglio Christopher and Toale, PA, Washington, DC, for Petitioner.
Traci R. Patton, U.S. Dep’t of Justice, Washington, DC, for Respondent
DECISION AWARDING DAMAGES 1
On April 18, 2013, Petitioner Willie Andre Simmons filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”). 2 Petitioner alleges that he suffered Chronic Inflammatory Demyelinating
1 Because this decision contains a reasoned explanation for my action in this case, I will post this decision on the United States Court of Federal Claims’ website, in accordance with the E- Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of confidential information. Specifically, under 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). Otherwise, the whole decision will be available to the public. (Id.) 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, Polyneuropathy (“CIDP”) and related complications as a result of receiving the influenza (“flu”) vaccine.
Respondent denies that Petitioner’s CIDP and any related medical problems were caused by the receipt of the flu vaccine. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation filed February 4, 2015 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. A lump sum of $806,560.40, in the form of a check payable to petitioner. This amount represents compensation for past and future lost earnings, past and future pain and suffering, and past and future unreimbursable out of pocket expenses; and
b. A lump sum of $46,609.27, in the form of a check payable jointly to petitioner and SC Department of Health & Human Services. This amount represents reimbursement of a State of South Carolina Medicaid lien.
Stipulation ¶ 8.
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. 3
IT IS SO ORDERED.
/s/ Brian H. Corcoran Brian H. Corcoran Special Master
42 U.S.C.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa. 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review.
2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
) WILLIE ANDRE SIMMONS, ) ) Petitioner, ) No. 13-274V v. ) Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
1. Willie Andre Simmons, petitioner, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10 et seq. (the “Vaccine
Program”). The petition seeks compensation for injuries allegedly related to Mr. Simmons’s
receipt of the influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table
(the “Table”), 42 C.F.R. § 100.3(a).
2. Petitioner received his flu immunization on December 1, 2010.
3. The vaccine was administered within the United States.
4. Petitioner alleges that the flu vaccine caused him to suffer Chronic Inflammatory
Demyelinating Polyneuropathy (“CIDP”).
5. 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.
6. Respondent denies that the flu vaccine caused petitioner to suffer CIDP or any other
injury or condition.
1 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 payments:
a. A lump sum of $806,560.40, which amount represents compensation for past and future lost earnings, past and future pain and suffering, and past and future unreimbursable out of pocket expenses, in the form of a check payable to petitioner; and
b. A lump sum of $46,609.27, which amount represents reimbursement of a State of South Carolina Medicaid lien, in the form of a check payable jointly to petitioner and
SC Department of Health & Human Services (DHHS) Reporting and Receivables P.O. Box 8355 Columbia, SC 290202-9189 Re: Case Number 299320 Medicaid No.: 8781354645
Petitioner agrees to endorse the check to the SC Department of Health & Human
Services (DHHS).
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 attorneys’ fees and costs incurred in proceeding upon this
petition.
10. Petitioner and his 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
2 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, 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. Payments made pursuant to paragraph 8 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 unreimbursable 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 payments described in paragraphs 8 and 9, petitioner, in his
individual capacity, and on behalf of his heirs, executors, administrators, successors 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 flu vaccination administered on December 1, 2010, as
3 alleged by petitioner in a petition for vaccine compensation filed on or about April 18, 2013, in
the United States Court of Federal Claims as petition No. 13-274V.
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 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 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 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 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 CIDP 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