Case Information
*1 Case 1:14-vv-00816-UNJ Document 35 Filed 10/20/15 Page 1 of 7
In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-816V Filed: September 25, 2015 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * PARRA O ’ SIOCHAIN, *
* Petitioner, * Joint Stipulation on Damages; v. * Influenza Vaccine or Flu Vaccine; * Guillain - Barré Syndrome (“GBS”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, *
* Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Amber Wilson, Esq., Maglio Christopher and Toale, PA, (DC) Washington, DC, for
petitioner. Justine Walters, Esq., U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES
[1] Dorsey , Chief Special Master: On September 4, 2014, Parra O ’ Siochain filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. , [2] [the “Vaccine Act” or “Program”]. Petitioner alleged that he suffered Guillain - Barré syndrome (GBS) resulting from the influenza vaccine he received on December 22, 2011. Petition, ¶¶ 2, 11-12; see also Stipulation, filed Sept. 25, 2015, ¶¶ 2, 4. Petitioner further alleges that his “vaccine related injuries have lasted more than six months.” Petition, ¶ 13. Respondent denies that the influenza vaccination caused petitioner’s GBS, any other injury, or his current condition. Stipulation, ¶ 6.
*2 Case 1:14-vv-00816-UNJ Document 35 Filed 10/20/15 Page 2 of 7 Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On September 25, 2015, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to pay petitioner the following amounts: 1. A lump sum payment of $1,501.34 in the form of a check payable jointly to petitioner, Parra O ’ Siochain, and State of California Department of Health Care Services Recovery Branch – MS 4720 P.O. Box 997421 Sacramento, CA 95899 32317-7421 representing compensation for satisfaction of the State of California Medicaid lien. [3] 2. A lump sum of $180,000.00 in the form of a check payable to petitioner, Parra O ’ Siochain. Stipulation, ¶ 8. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id .
I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. 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. [4]
s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master
NOTES
[1] Because this unpublished decision contains a reasoned explanation for the action in this case, I intend 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, I agree that the identified material fits within this definition, I 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 (2006).
[3] Petitioner agrees to endorse this payment to the State of California, Department of Health Care Services.
[4] Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2