Filed: Sep. 06, 2019
Latest Update: Sep. 06, 2019
Summary: DECISION 1 HERBRINA D. SANDERS , Special Master . On November 6, 2017, Kathleen Fox ("Petitioner") filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. 300aa-10 to -34 (2012). Petitioner alleged that the influenza ("flu") vaccine she received on March 16, 2016, caused her to suffer from Guillain-Barr Syndrome ("GBS"). See Stip. at 1, ECF No. 33. Petitioner further alleged that she experienced the residual effects of her injury
Summary: DECISION 1 HERBRINA D. SANDERS , Special Master . On November 6, 2017, Kathleen Fox ("Petitioner") filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. 300aa-10 to -34 (2012). Petitioner alleged that the influenza ("flu") vaccine she received on March 16, 2016, caused her to suffer from Guillain-Barr Syndrome ("GBS"). See Stip. at 1, ECF No. 33. Petitioner further alleged that she experienced the residual effects of her injury f..
More
DECISION1
HERBRINA D. SANDERS, Special Master.
On November 6, 2017, Kathleen Fox ("Petitioner") filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2012). Petitioner alleged that the influenza ("flu") vaccine she received on March 16, 2016, caused her to suffer from Guillain-Barré Syndrome ("GBS"). See Stip. at 1, ECF No. 33. Petitioner further alleged that she experienced the residual effects of her injury for more than six months. Id.
On September 6, 2019, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Id. at 2. Respondent denies that the flu vaccine caused or aggravated Petitioner's alleged GBS, or any other injury. Id. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. I find the stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein.
The parties stipulate that Petitioner shall receive the following compensation:
(a.) A lump sum of $130,000.00, in the form of a check payable to [P]etitioner; and
(b.) A lump sum of $12,550.83, which amount represents payment of a Medicaid lien for services rendered to [P]etitioner, in the form of a check payable jointly to [P]etitioner and New York State Department of Health, P.O. Box 415874, Boston, MA 02241-5874, Case # 198615. Petitioner agrees to endorse this payment to the New York State Department of Health.
These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a), including pain and suffering and past expenses.
Id.
I approve 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 Court SHALL ENTER JUDGMENT in accordance with the terms of the parties' stipulation.3
IT IS SO ORDERED.
