Scarboro v. Secretary of Health and Human Services ( 2023 )

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
*************************
SARAH SCARBORO, * No. 21-2166V
*
Petitioner, *
* Special Master Christian J. Moran
v. *
* Filed: November 20, 2023
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*************************
Laura Levenberg, Muller Brazil PA, Dresher, PA, for Petitioner;
Alexis B. Babcock, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION 1
On November 17, 2023, the parties filed a joint stipulation concerning the
petition for compensation filed by Sarah Scarboro on November 12, 2021.
Petitioner alleged that the influenza vaccine she received on or around October 9,
2019, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R.
§100.3(a), caused her to suffer from transverse myelitis (TM”). Petitioner further
alleges that she suffered the residual effects of this injury for more than six
months. Petitioner represents that there has been no prior award or settlement of a
civil action for damages on her behalf as a result of her condition.
Respondent denies that petitioner suffers from TM; denies that the influenza
vaccine caused her alleged injury or any other injury; and denies that any of the
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.
alleged injuries were caused by petitioner’s influenza vaccination or any claimed
vaccine-related illness.
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. A lump sum of $90,000.00 in the form of a check payable to
petitioner.
B. A lump sum of $96.35 in the form of a check payable jointly to
petitioner and AmeriHealth Caritas Medicaid:
AmeriHealth Caritas Medicaid c/o MultiPlan, Inc.
535 E. Diehl Road, Suite 100
Naperville, IL 60563
Case #708331
These amounts represent 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.
2