Allen v. Secretary of Health and Human Services ( 2014 )

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 12-877V Filed: September 5, 2014 Not for Publication ************************************* LEE E. ALLEN, * * Petitioner, * * Damages decision based on stipulation; v. * influenza vaccine; transverse myelitis (TM); * neuromyelitis optica (NMO) SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Diana Sedar, Sarasota, FL, for petitioner. Debra A. Filteau Begley, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On September 5, 2014, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that he suffered from transverse myelitis (“TM”) and/or neuromyelitis optica (“NMO”) that were caused by his October 14, 2011, receipt of influenza (“flu”) vaccine. He further alleges that he experienced the residual effects of these injuries for more than six months. Respondent denies that the flu vaccine caused petitioner’s TM, NMO, or any other injury. Nonetheless, the parties agreed to resolve this matter informally. 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to delete such information prior to the document’s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall delete such material from public access. The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards: a. a lump sum of $400,000.00 in the form of a check made payable to petitioner; and b. an amount of $280,000.00 to purchase the annuity contract described in paragraph 10 of the attached stipulation, paid to the life insurance company from which the annuity will be purchased. 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.2 IT IS SO ORDERED. Dated: September 5, 2014 s/ Laura D. Millman Laura D. Millman Special Master 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review. 2