Filed: Dec. 18, 2018
Latest Update: Dec. 18, 2018
Summary: UNPUBLISHED DECISION 1 CHRISTIAN J. MORAN , Special Master . On December 13, 2018, the parties filed a joint stipulation concerning the petition for compensation filed by Raymond Howell on July 15, 2016, which was continued by Erika Boyer on Mr. Howell's behalf after his passing. The petition alleged that the influenza ("flu") vaccine Mr. Howell received on December 16, 2014, which is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. 100.3(a), caused him to suffer Guillain-B
Summary: UNPUBLISHED DECISION 1 CHRISTIAN J. MORAN , Special Master . On December 13, 2018, the parties filed a joint stipulation concerning the petition for compensation filed by Raymond Howell on July 15, 2016, which was continued by Erika Boyer on Mr. Howell's behalf after his passing. The petition alleged that the influenza ("flu") vaccine Mr. Howell received on December 16, 2014, which is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. 100.3(a), caused him to suffer Guillain-Ba..
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UNPUBLISHED DECISION1
CHRISTIAN J. MORAN, Special Master.
On December 13, 2018, the parties filed a joint stipulation concerning the petition for compensation filed by Raymond Howell on July 15, 2016, which was continued by Erika Boyer on Mr. Howell's behalf after his passing. The petition alleged that the influenza ("flu") vaccine Mr. Howell received on December 16, 2014, which is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. §100.3(a), caused him to suffer Guillain-Barré syndrome. Petitioner further alleges that Mr. Howell suffered the residual effects of this injury for more than six months. Petitioner does not claim that the vaccine caused Mr. Howell's death on July 14, 2017, and stipulation states that he died due to coronary artery disease, diabetes mellitus, and hydrocephalus. Petitioner represents that there has been no prior award or settlement of a civil action for damages on Mr. Howell's behalf as a result of his condition.
Respondent denies that the influenza vaccine caused Mr. Howell to suffer Guillain-Barré syndrome, any other injury, or death.
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 $10,000.00 in the form of a check payable to petitioner as the legal representative of the Estate of Raymond Howell. 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 16-1203V according to this decision and the attached stipulation.2
IT IS SO ORDERED.
