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Ettel v. Secretary of Health and Human Services, 14-546 (2015)

Court: United States Court of Federal Claims Number: 14-546 Visitors: 7
Judges: Brian H. Corcoran
Filed: Jul. 28, 2015
Latest Update: Mar. 02, 2020
Summary: In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-546V ************************* * VERONICA ETTEL, * * Filed: May 22, 2015 Petitioner, * * v. * Decision by Stipulation; Damages; * Influenza (“Flu”) Vaccine; Transverse SECRETARY OF HEALTH * Myelitis (“TM”) AND HUMAN SERVICES, * * Respondent. * * ************************* Alison H. Haskins, Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner. Justine E. Walters, U.S. Dep’t of Justice, Washington, DC, for Resp
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               In the United States Court of Federal Claims
                                     OFFICE OF SPECIAL MASTERS
                                             No. 14-546V

*************************
                            *
VERONICA ETTEL,             *
                            *                                    Filed: May 22, 2015
                Petitioner, *
                            *
          v.                *                                    Decision by Stipulation; Damages;
                            *                                    Influenza (“Flu”) Vaccine; Transverse
SECRETARY OF HEALTH         *                                    Myelitis (“TM”)
AND HUMAN SERVICES,         *
                            *
                Respondent. *
                            *
*************************

Alison H. Haskins, Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner.

Justine E. Walters, U.S. Dep’t of Justice, Washington, DC, for Respondent.

                                  DECISION AWARDING DAMAGES1

       On June 26, 2014, Veronica Ettel filed a petition seeking compensation under the National
Vaccine Injury Compensation Program (the “Vaccine Program”).2 Petitioner alleges that she
developed transverse myelitis (“TM”) as a result of the influenza (“flu”) vaccine that she received
on January 23, 2013.

         Respondent denies that the flu vaccine caused Petitioner’s TM or any other injury or her
current condition. Nonetheless both parties, while maintaining their above-stated positions, agreed
in a stipulation (filed May 22, 2015) that the issues before them could be settled, and that a decision
should be entered awarding Petitioner compensation.

1
  Because this decision contains a reasoned explanation for my action in this case, it will be posted on the website of
the United States Court of Federal Claims, 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 inclusion of certain kinds of confidential information. To
do so, Vaccine Rule 18(b) provides that each party has fourteen 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 decision will be available to the public. 
Id. 2 The
National Vaccine Injury Compensation Program comprises Part 2 of the National Childhood Vaccine Injury Act
of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. § 300aa-10 through 34 (2006))
[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to § 300aa of the Act.
        I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
(as attached hereto) 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 $47,500.00 in the form of a check payable to Petitioner.

Stipulation ¶ 8. This amount represents compensation for all damages that would be available
under 42 U.S.C. § 300aa-15(a).

        I approve a Vaccine Program award in the requested amounts 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 each filing (either jointly or separately)
a notice renouncing their right to seek review.

                                                           2

Source:  CourtListener

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