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Molina v. Secretary of Health and Human Services, 14-1110 (2016)

Court: United States Court of Federal Claims Number: 14-1110 Visitors: 6
Judges: Nora Beth Dorsey
Filed: Apr. 06, 2016
Latest Update: Mar. 02, 2020
Summary: In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-1110V Filed: December 1, 2015 UNPUBLISHED **************************** OLGA MOLINA, * * Petitioner, * Joint Stipulation on Damages; * Influenza (Flu) Vaccine; Guillain- * Barre Syndrome (GBS); Special SECRETARY OF HEALTH * Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * **************************** Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for petitioner. Glenn A. MacLeod, U.S. Department of Ju
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        In the United States Court of Federal Claims
                                 OFFICE OF SPECIAL MASTERS
                                          No. 14-1110V
                                    Filed: December 1, 2015
                                         UNPUBLISHED

****************************
OLGA MOLINA,                          *
                                      *
                  Petitioner,         *      Joint Stipulation on Damages;
                                      *      Influenza (Flu) Vaccine; Guillain-
                                      *      Barre Syndrome (GBS); Special
SECRETARY OF HEALTH                   *      Processing Unit (“SPU”)
AND HUMAN SERVICES,                   *
                                      *
                  Respondent.         *
                                      *
****************************
Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for petitioner.
Glenn A. MacLeod, U.S. Department of Justice, Washington, DC, for respondent.

                              DECISION ON JOINT STIPULATION1

Dorsey, Chief Special Master:

       On November 14, 2014, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the
“Vaccine Act”]. Petitioner alleges that she suffered Guillain-Barre syndrome (“GBS”) as
a result of an influenza (“flu”) vaccine she received on September 5, 2012. Petition at 1.
“Respondent denies that the flu vaccine caused petitioner’s GBS or any other injury and
further denies that her current disabilities are a sequela of a vaccine-related injury.”
Stipulation, ¶ 6.

       Nevertheless, on November 30, 2015, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
undersigned finds the stipulation reasonable and adopts it as the decision of the Court
in awarding damages, on the terms set forth therein.


1
  Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it 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)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2
 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).
                                                       1
        The parties stipulated that petitioner shall receive the following compensation:

        A lump sum of $145,000.00, in the form of a check payable to petitioner.
        Stipulation, ¶ 8. This amount represents compensation for all items of damages
        that would be available under 42 U.S.C. § 300aa-15(a). 
Id. The undersigned
approves the requested amount for petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment in accordance with this decision.3

IT IS SO ORDERED.

                                          s/Nora Beth Dorsey
                                          Nora Beth Dorsey
                                          Chief Special Master




3
  Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
                                                    2

Source:  CourtListener

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