Filed: Jun. 18, 2015
Latest Update: Jun. 18, 2015
Summary: DECISION 1 NORA BETH DORSEY , Special Master . On April 1, 2011, Shauni Rai Fischer 2 ("petitioner") filed a petition on behalf of her daughter, KJF, pursuant to the National Vaccine Injury Compensation Program. 3 42 U.S.C. 300aa-1 to -34 (2006). Petitioner alleged that, as a result of receiving the hepatitis B ("Hep B"), diphtheria-tetanus-acellular pertussis ("DTaP"), haemophilus influenza type b ("Hib"), pneumococcal conjugate ("PCV") and inactivated polio ("IPV") vaccinations on
Summary: DECISION 1 NORA BETH DORSEY , Special Master . On April 1, 2011, Shauni Rai Fischer 2 ("petitioner") filed a petition on behalf of her daughter, KJF, pursuant to the National Vaccine Injury Compensation Program. 3 42 U.S.C. 300aa-1 to -34 (2006). Petitioner alleged that, as a result of receiving the hepatitis B ("Hep B"), diphtheria-tetanus-acellular pertussis ("DTaP"), haemophilus influenza type b ("Hib"), pneumococcal conjugate ("PCV") and inactivated polio ("IPV") vaccinations on A..
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DECISION1
NORA BETH DORSEY, Special Master.
On April 1, 2011, Shauni Rai Fischer2 ("petitioner") filed a petition on behalf of her daughter, KJF, pursuant to the National Vaccine Injury Compensation Program.3 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that, as a result of receiving the hepatitis B ("Hep B"), diphtheria-tetanus-acellular pertussis ("DTaP"), haemophilus influenza type b ("Hib"), pneumococcal conjugate ("PCV") and inactivated polio ("IPV") vaccinations on April 26, 2010, KJF suffered from infantile spasms and related sequelae. Petitioner further alleged that KJF suffered the residual effects or complications of this vaccine injury for more than six months. On May 4, 2015, the parties filed a stipulation, stating that a decision should be entered awarding compensation.
On May 22, 2015, Ms. Shauni Fischer, passed away. See ECF No. 91, Suggestion of Death, Supplement (Death Certificate). A status conference was held on June 3, 2015, to discuss the death of Ms. Fischer. Counsel for Ms. Fischer explained that a guardianship proceeding had been scheduled to appoint a new guardian for KJF.
On June 8, 2015, petitioner filed a Suggestion of Death and death certificate for Ms. Fischer. See ECF No. 91, Suggestion of Death and attached Supplement. On June 16, 2015, petitioner filed the Joint Motion to substitute the petitioner in this case and to amend judgment so that the award of compensation would be paid to the appointed guardian of KJF's estate and endorsed by the substituted petitioner. In the Joint Motion, the parties specifically requested that the judgment in this case be amended to pay the $650,000.00, award to Karen Seal, as the guardian of KJF's estate, and to allow Mr. Kevin Fischer, as the legal guardian of KJF, to endorse the checks to Medicaid. The Joint Motion attached an orders from the Karnes County, Texas State Court appointing Kevin Fischer as the legal guardian of KJF, and appointing Karen Dalglish Seal as the guardian of the estate of KJF. See ECF No. 92, Documents 2 and 3. An order was issued on June 16, 2015, granting the portion of the Joint Motion that requested that Mr. Fischer be substituted as the petitioner and amended the caption of this case. On June 17, 2015, the undersigned issued an order vacating the decision entered on May 4, 2015, and the Judgment entered May 8, 2015.4
Respondent denies that the vaccines caused or significantly aggravated KJF's alleged medical condition, any of her ongoing symptoms, or any other injury. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.
The parties stipulated that petitioner shall receive the following compensation:
a. A lump sum of $650,000.00, in the form of a check payable to Karen Seal, as the guardian of KJF's estate;
b. A lump sum of $66,021.83, which amount represents compensation for reimbursement of a Texas Medicaid lien, in the form of a check, payable jointly to petitioner and TMHP/Medicaid, Attn: Torts Receivables, P.O. Box 292948, Austin, TX 78720-2948 (petitioner agrees to endorse this payment to THMP); and
c. A lump sum of $62,117.00, which amount represents compensation for reimbursement of a Medicaid lien, in the form of a check payable jointly topetitioner and the Wisconsin Department of Health Services, 5615 High PointDr., Suite 100, Irving, TX, 75038-9984 (petitioner agrees to endorse this payment to Wisconsin Department of Health Services).
Stipulation ¶ 8.
The undersigned approves the requested amount for petitioner's compensation. Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties' stipulation.5
IT IS SO ORDERED.
