Vice v. Secretary of Health and Human Services

• Court: United States Court of Federal Claims
• Decided: November 7, 2024
• Docket: 17-1568
• Status: Published

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS

************************* PEGGY W. VICE, * as legal representative of the Estate * of MICHAEL LOUIE VICE, * * No. 17-1568V Petitioner, * Special Master Christian J. Moran * v. * * Filed: October 15, 2024 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * ************************* Milton Clay Ragsdale, IV, Ragsdale LLC, Birmingham, AL, for Petitioner; Madylan Louise Yarc, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION 1

On October 10, 2024, the parties filed a joint stipulation concerning the petition for compensation filed by Peggy Vice on October 19, 2017. Petitioner alleged that the influenza vaccine Michael Louie Vice received on October 22, 2015, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused Mr. Vice to suffer from a Table injury of anaphylaxis and that his death on October 23, 2015, was a sequela of the anaphylaxis. Alternatively, petitioner alleges that Mr. Vice suffered anaphylaxis, septic shock, and death

1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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), the parties have 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. Any changes will appear in the document posted on the website. caused-in-fact by the flu vaccine and/or the pneumococcal vaccine. Petitioner represents that there has been no prior award or settlement of a civil action for damages on Mr. Vice’s behalf as a result of Mr. Vice’s condition or death.

Respondent denies that Mr. Vice’s alleged anaphylaxis, septic shock, or residual effects were caused-in-fact by the flu and/or pneumococcal vaccines; and denies that the flu and/or pneumococcal vaccines caused decedent any other injury or decedent's death. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

Damages awarded in that stipulation include:

A lump sum of $117,500.00 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).

In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation.2

IT IS SO ORDERED.

s/Christian J. Moran Christian J. Moran Special Master

2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge.