Case Information
*1 In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS No. 14-969V Filed: October 19, 2016 * * * * * * * * * * * * * * * * ROGER NOBLETT, * UNPUBLISHED
* Petitioner, * Special Master Hamilton-Fieldman * v. * Joint Stipulation on Damages; * Influenza (“Flu”) Vaccine; Guillain SECRETARY OF HEALTH * Barré Syndrome (“GBS”). AND HUMAN SERVICES, *
* Respondent. * * * * * * * * * * * * * * * * * Amber D. Wilson, Maglio Christopher & Toale, PA, for Petitioner. Lara A. Englund, United States Department of Justice, Washington, DC, for Respondent.
DECISION [1]
On October 9, 2014, Roger Noblett (“Petitioner”) petitioned for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner alleged that the administration of the Influenza (“Flu”) vaccine, on September 18, 2013, caused him to develop Guillain-Barré Syndrome (“GBS”).
The parties recently filed a stipulation, stating that a decision should be entered awarding compensation. Respondent denies that the Flu vaccine is the cause of Petitioner’s alleged GBS or any other injury. Nevertheless, the parties agree to the attached joint stipulation. The *2 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 stipulate to the following vaccine compensation payments: a. A lump sum of $420,000.00, in the form of a check payable to petitioner. b. A lump sum of $95,262.64, which amount represents reimbursement of a lien
for services rendered on behalf of Roger Noblett, in the form of a check payable jointly to Roger Noblett and
Arkansas Medicaid Arkansas Department of Human Services Division of Medical Services ATTN: Third Party Liability
P.O. Box 1437, Slot S296 Little Rock, Arkansas 72203-1437 Case #: 155820 Petitioner agrees to endorse this check to Arkansas Medicaid. c. An amount sufficient to purchase the annuity contract described in paragraph 10. . . . below, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”).
See Stipulation at 2, ECF No. 45. Paragraph 10 specifies that, pursuant to the annuity contract, “the Life Insurance Company will agree to make payments periodically to Roger Noblett” in the amount of “$3,550.00 per month for life only.” Id. at 3. The parties further stipulate that these provisions represent compensation for all damages under 42 U.S.C. § 300aa-15(a). See id. at 2- 3.
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. [2]
IT IS SO ORDERED.
*3 s/ Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman Special Master
3
NOTES
[1] Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this ruling on the website of the United States Court of Federal Claims, in accordance with the purposes espoused in the E-Government Act of 2002. See 44 U.S.C. § 3501 (2012). Each party has 14 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). 1
[2] Entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. Vaccine Rule 11(a). 2