Young v. Secretary of Health and Human Services

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-478V Filed: April 22, 2024

************************* * * SCARLETT YOUNG, personal * representative of the Estate of JIMMIE * VANCE, deceased, * * * Petitioner, * * v. * * * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * * Respondent. * * ************************* *

Bridget McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner Ryan Miller, U.S. Department of Justice, Washington, DC, for Respondent

DECISION ON JOINT STIPULATION 1

On April 21, 2020, Scarlett Young (“Petitioner”) filed a petition, as personal representative of the Estate of Jimmie Vance (“decedent”), seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”). 2 Pet., ECF No. 1. Petitioner alleges that decedent suffered from Guillain-Barré syndrome as a result of the influenza (“flu”) vaccination he received on September 12, 2017. See Stipulation ¶ 2, 4, dated April 22, 2024 (ECF No. 45); see also Petition. Petitioner further alleges that “decedent experienced the residual effects of this

1 Because this Decision contains a reasoned explanation for the action 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), 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, I agree that the identified material fits within this definition, I will redact such material from public access.

2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.

No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter “Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the pertinent subparagraph of 42 U.S.C. § 300aa. condition for more than six months and died as a result of a vaccine injury on December 24, 2019.” See Stipulation ¶ 4.

Respondent denies “that the flu vaccine caused decedent to suffer from GBS or any other injury or condition; and denies that decedent’s death was a result of a vaccine -related injury.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation filed April 22, 2024 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:

1. A lump sum of $34,125.00 in the form of a check payable to petitioner as legal representative of decedent’s estate; and

2. A lump sum of $6,000.00, representing reimbursement of a Medicaid lien for services rendered to decedent by the State of Kentucky, in the form of a check payable jointly to petitioner as legal representative of decedent’s estate and the Kentucky State Treasurer:

Kentucky Medicaid Recovery Unit c/o Gainwell Technologies P.O. Box 2107 Frankfort, KY 40602 Medicaid #1005168716

Petitioner agrees to endorse this check payable to the Kentucky State Treasurer.

Stipulation ¶ 8. This award represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

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/ Katherine E. Oler Katherine E. Oler Special Master

3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review.