Opinion

Brown v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
Jun 26, 2014
Status
Unpublished
On the bench
Thomas L. Gowen
Cited by
0 cases

The opinion

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

No. 13-0690V

Filed: June 5, 2014

(Not to be published)

*************************

GREGORY P. BROWN, *

*

Petitioner, *

v. * Stipulation; Flu; GBS; Attorney’s

Fees and Costs

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

****************************

Andrew R. Brown, Esq., Law Offices of Andrew Brown, PLLC, Nashville, TN for petitioner.

Lisa Watts, Esq., U.S. Dept. of Justice, Washington, DC for respondent.

DECISION ON JOINT STIPULATION1

Gowen, Special Master:

Gregory P. Brown [“petitioner”] filed a petition for compensation under the

National Vaccine Injury Compensation Program2 on September 17, 2013. Petitioner

alleges that he suffered Guillain-Barre Syndrome [“GBS”] that was caused in fact by a

flu vaccination he received on October 11, 2010. See Stipulation, filed June 4, 2014, at

¶¶ 2, 4. Further, petitioner alleges that he experienced residual effects of his injury for

more than six months. Id. at ¶ 4. Respondent denies that the flu vaccine caused

petitioner’s alleged GBS or any other injury, and further denies that his current

disabilities are sequelae of a vaccine-related injury. Stipulation at ¶ 6.

Nevertheless, the parties have agreed to settle the case. On June 4, 2014, the

parties filed a joint stipulation agreeing to settle this case and describing the settlement

terms.

1

Because this unpublished decision contains a reasoned explanation for the action in this case, I intend

to post this decision 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), a party has 14 days to identify and

move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B).

Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted

decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I

will delete 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).

Respondent agrees to pay petitioner:

(a) A lump sum of $156,256.16 in the form of a check payable to

petitioner, Gregory P. Brown. This amount represents compensation

for all damages that would be available under § 300aa-15(a).

(b) A lump sum of $21,624.69 in the form of a check payable jointly to

petitioner and petitioner’s attorney, Andrew R. Brown, for attorneys’

fees and costs available under § 300aa-15(e); and, in compliance with

General Order #9, no out-of-pocket expenses were incurred by

petitioner in proceeding on the petition.

The special master adopts the parties’ stipulation attached hereto, and awards

compensation in the amount and on the terms set forth therein. The clerk of the court is

directed to enter judgment in accordance with this decision.3

IT IS SO ORDERED.

s/ Thomas L. Gowen

Thomas L. Gowen

Special Master

3

Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice

renouncing the right to seek review.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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