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

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-65V Filed: September 15, 2014 Not for Publication ************************************* PAMELA METCALF, * * Petitioner, * * * Damages decision based on stipulation; v. * influenza (flu) vaccine; chronic * inflammatory demyelinating polyneuropathy SECRETARY OF HEALTH * (CIDP) AND HUMAN SERVICES, * * Respondent. * * ************************************* Ronald C. Homer, Boston, MA, for petitioner. Lara A. Englund, Washington, DC, for respondent. MILLMAN, Special Master DECISION AWARDING DAMAGES1 On September 15, 2014, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered chronic inflammatory demyelinating polyneuropathy (“CIDP”) that was caused by her October 28, 2010, receipt of influenza (“flu”) vaccine. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Respondent denies that the flu vaccine caused petitioner’s alleged CIDP, any other injury, or her current condition. Nonetheless, the parties 1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub.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. agreed to resolve this matter informally. 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 $368,552.68, in the form of a check payable to petitioner; b. a lump sum of $366,787.59, representing reimbursement of a Network Health lien, in the form of a check payable jointly to petitioner and Network Health 101 Station Landing, 4th Floor Medford, MA 02155 Attn: Cathy K. Faherty – Claims Recovery Petitioner agrees to endorse this check to Network Health; c. a lump sum of $11,846.61, representing reimbursement of a Commonwealth of Massachusetts Medicaid lien, in the form of a check made payable jointly to petitioner and COMMONWEALTH OF MASSACHUSETTS – CRU COMMONWEALTH OF MA Casualty Recovery P.O. Box 417811 Boston, MA 02241-7811 Attn: Robin Richard Petitioner agrees to endorse this check to the Commonwealth of Massachusetts; d. a lump sum of $9,336.30, representing reimbursement of a Boston Medical Center HealthNet Plan lien, in the form of a check payable jointly to petitioner and Boston Medical Center HealthNet Plan Two Copley Place, Suite 600 Boston, MA 02116 Attn: Kelvin Britto Petitioner agrees to endorse this check to Boston Medical Center HealthNet Plan; and e. an amount sufficient 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. 2 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 15, 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. 3