Talton v. Secretary of Health and Human Services ( 2015 )


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  •                  In the United States Court of Federal Claims
    OFFICE OF SPECIAL MASTERS
    No. 14-479V
    (Not to be published)
    *****************************
    *
    ROBERT TALTON,                                   *
    *
    Petitioner,                  *      Filed: March 17, 2015
    *
    v.                                   *      Decision by Stipulation; Damages;
    *      Influenza (“Flu”) Vaccine;
    *      Guillain-Barré Syndrome (“GBS”)
    SECRETARY OF HEALTH AND                          *
    HUMAN SERVICES,                                  *
    *
    Respondent.                  *
    *
    *****************************
    Amber Diane Wilson, Maglio, Christopher and Toale, PA, Washington, DC, for Petitioner.
    Alexis B Babcock, U.S. Dep’t of Justice, Washington, DC, for Respondent
    DECISION AWARDING DAMAGES 1
    On June 4, 2014, Robert Talton filed a petition seeking compensation under the National
    Vaccine Injury Compensation Program (“the Vaccine Program”). 2 Petitioner alleges that he
    suffered Guillain-Barré syndrome (“GBS”) and related complications as a result of receiving an
    influenza (“flu”) vaccine.
    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, 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.
    Respondent denies that Petitioner’s GBS 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 March 17, 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 lump sum of $145,000.00, 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).
    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
    3
    Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly (or separately) filing
    notice(s) renouncing their right to seek review.
    2
    

Document Info

Docket Number: 14-479

Judges: Brian H. Corcoran

Filed Date: 4/8/2015

Precedential Status: Non-Precedential

Modified Date: 4/18/2021