Reichard v. Secretary of Health and Human Services ( 2016 )

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
*********************
SARAH ELIZABETH REICHARD, * No. 14-904V
* Special Master Christian J. Moran
Petitioner, *
*
v. * Filed: March 8, 2016
*
SECRETARY OF HEALTH * Stipulation; tetanus-diphtheria-
AND HUMAN SERVICES, * acellular pertussis (“Tdap”)
* vaccination; Guillain-Barré syndrome
Respondent. * (“GBS”); attorneys’ fees and costs.
*********************
Kelly D. Burdette, Burkett & Burdette, Seattle, WA, for Petitioner;
Alexis B. Babcock, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On February 22, 2016, respondent filed the parties’ joint stipulation
concerning the petition for compensation filed by Sarah Elizabeth Reichard on
September 25, 2014. Petitioner alleges the tetanus-diphtheria-acellular pertussis
(“Tdap”) vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42
C.F.R. §100.3(a), and which Ms. Reichard received on August 2, 2013, caused her
to develop Guillain-Barré syndrome (“GBS”). 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's GBS was caused-in-fact by her Tdap
vaccination, and denies that the vaccine caused any other injury or her current
condition.
1
The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.
Nevertheless, the parties agree to the joint stipulation, attached hereto as
Appendix A. The undersigned finds said stipulation reasonable and adopts it as the
decision of the Court in awarding damages, on the terms set forth therein.
Compensation awarded in that stipulation includes:
a. A lump sum payment of $85,000.00 in the form of a check payable to
petitioner, Susan Elizabeth Reichard. This amount represents
compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a); and
b. A lump sum of $18,035.43, in the form of a check payable jointly to
petitioner and petitioner’s attorney, Kelly D. Burdette, of Burkett &
Burdette, for attorneys’ fees and costs available under 42 U.S.C.
§300aa-15(e), and, in compliance with General Order #9, no out-of-
pocket expenses were incurred by petitioner in proceeding on the
petition.
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 14-904V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Shannon Proctor, at (202)
357-6360.
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
IN T11E UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECW.. MASTERS
)
SARAH ELIZABE1H REICHARD, )
)
Petitioner, )
) No. 14-904V
v. ) Spedal Muter Moran
)
SECRETARY OF HEALTII AND )
HUMAN SERVICES, )
)
~pondent. )
The parties hereby stipulate to tho following matters:
1. On September 2S, 2014, Sarah Elil.abeth Reichard ("'petitioner") fiJed a petition for
vaccine compensation under the National Vaccine Injury Compensa1ion Program, 42 U.S.C.
§300aa-IO to 34 (the "Vaccine Propmj. The petition seeks compensation for injuries
allegedly related to petitioner's receipt of the Tctanus-diphtheria-acellular pertussis ("Tdap.,)
vaccine, which vaccine is ~eel in the Vaccine Injury Table (the "fable"), 42 C.F.R. f
lOOJ(a).
2. Petitioner received a Tdap immunization on August 2. 2013.
3. The vaccine was administered within the United States.
4. Petitloner alleges that she suffered fiom Guitlain Barre Syndrome ("G!JS") that was
caused·in· fact by her Tdap vaccination. Petitioner further alleges that she experienced residual
effects of this btjury for more than six months.
S. Petitioner represents that there bas been no prior award or settlement of a civil action
· I·
for damages as a result of her alleged GBS.
6. Respondent denies that pedcloner's alleeed Injuries were causod·in·fact by her Tdap
vaccination, and denies that the vaccine caused any other iajury or her cwrent condition.
7. Maintainina their abovo-stated positions, the parties nevertheless now agree that tho
issues between them shall be settled and that a decision should be entered awarding the
compensadon descn1>ed in paraaraph 8 of this Stipulation.
8. As soon as practicable after an entry ofjudgment reflecting a decision consistent with
the tams of this Stipulation, and after petitioner has filed an election to receive compensation
pursuantto 42 U.S.C. § 300aa-2l(aXl). the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
a. A lump sum of $85,000.00 in the form of a cbeclc payable to petitioner. This
amount represents compensation for all damaacs that would be available under 42
U.S.C. § 300u-1S{a}; and
b. A lump sum ofSl 8,035.43 In the form of a check payable jointly to petitioner and
petitioner's attorney, for attorney's fees and costs available under 42 U.S.C. §
300aa-1 S(e}, and in complianoc with Gc:ncral Order #9, no out-of-pocket
expenses wen: incwrcd by petitioner ln prc>cd in 1his Stipulation may reflect a compromise of the parties'
rcspcctivc positions as to liability and/or amount of damages, and further, that a chanae in the
nature of the injury or condition or in the items of compensation sought, is not grounds to modify
or revise this agreement.
16. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Serviocs that the Tdap vaccine caused petitioner's alleged GBS,
or any other injury or her current disabilities.
17. All rights and obligations of petitioner hemlndcr shall apply equally to petitioner's
heirs, executors, administrators. successors, and/or assigns.
END OF STIPULATION
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Respectfully submitted,
PETITIONER:
ATl'ORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
~t.A~
OF THE ATl'ORNEY GENERAL:
4,;/{!@4¢
KELLY D. BURDETTE VINCENT J. MXfANOSKI
Attorney for Petitioner Deputy Director
Burkett & B\l'dette Torts Branch
2101Fourth Avenue Civil Division
Suite 1830 U.S.DeparbnentofJusticc
Seattle, WA 98121 P.O. Box 146
{206) 441-5597 Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRF.SENTATIVE A1TORNEY OF RECORD FOR
OF THE SECRET OF REA.LTD RESPONDENT:
AND BUMAN
{lQ.iLl~ &_90 ~-
N MD ALEXIS B. BABCOCK
Ac:tin& Director, Division of Senior Trial Attorney
Injury Compensation Programs (DICP) Torts Branch
Healthcare Systems Bureau Civil Division
U.S. Department of Health U.S. Dcpal1ment of Justice
and Hwnan Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
PBJklawn Building. Mail Stop 08NI 468 Washington, DC 20044-0146
Rockville, MD 20857 (202) 616-7678
Dated: a\aa. \ \( a
-S-