Ford v. Secretary of Health and Human Services ( 2018 )


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  • In the United States Court of Federal Claims
    OFFICE OF SPECIAL MASTERS
    ******************** *
    JERRY FORD,              *
    *                         No. 17-328V
    Petitioner, *                         Special Master Christian J. Moran
    *
    v.                       *                         Filed: August 22, 2018
    *
    SECRETARY OF HEALTH      *                         Stipulation; influenza (“flu”) vaccine;
    AND HUMAN SERVICES,      *                         chronic inflammatory demyelinating
    *                         polyneuropathy (“CIDP”)
    Respondent. *
    ******************** *
    Jeffrey S. Pop, Jeffrey S. Pop & Associates. Beverly Hills, CA, for Petitioner;
    Justine Walters, United States Dep’t of Justice, Washington, DC, for Respondent.
    UNPUBLISHED DECISION1
    On August 21, 2018, the parties filed a joint stipulation concerning the
    petition for compensation filed by Jerry Ford on March 9, 2017. Petitioner alleged
    that the influenza (“flu”) vaccine he received on October 20, 2015, which is
    contained in the Vaccine Injury Table (the “Table”), 
    42 C.F.R. §100.3
    (a), caused
    him to suffer chronic inflammatory demyelinating polyneuropathy. Petitioner
    further alleges that he 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 his behalf as a result of his condition.
    Respondent denies that the flu vaccine either caused or significantly
    aggravated petitioner’s alleged injury or any other injury, and denies that
    petitioner's current disabilities are the result of a vaccine-related injury.
    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. 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 lump sum payment of $95,000.00 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).
    In the absence of a motion for review filed pursuant to RCFC, Appendix B,
    the clerk is directed to enter judgment in case 17-328V 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
    

Document Info

Docket Number: 17-328

Judges: Christian J. Moran

Filed Date: 9/19/2018

Precedential Status: Non-Precedential

Modified Date: 4/18/2021