Opinion

O'Dell v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
Aug 24, 2020
Status
Unpublished
On the bench
Mindy Michaels Roth
Cited by
0 cases

The opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17-631V

Filed: July 29, 2020

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

HAROLD D. O’DELL, * UNPUBLISHED

*

Petitioner, * Decision on Joint Stipulation;

* Guillain-Barre Syndrome

v. * (“GBS”); Influenza (“Flu”)

* Vaccine

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

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

Kathy A. Brown, Esq., Kathy Brown Law PLLC, Charleston, WV, for petitioner.

Camille Collett, Esq., US Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

Roth, Special Master:

On May 12, 2017, Harold O’Dell [“Mr. O’Dell” or “petitioner”] filed a petition for

compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that

he developed Guillain-Barre Syndrome (“GBS”) after receiving an influenza (“flu”) vaccination

on or about October 13, 2015. Stipulation, filed July 29, 2020, at ¶¶ 1-4. Respondent denies that

the aforementioned immunization caused petitioner’s injury, and further denies that petitioner

suffered a GBS Table injury. Stipulation at ¶ 6.

Nevertheless, the parties have agreed to settle the case. On July 29, 2020, the parties filed

a joint stipulation agreeing to settle this case and describing the settlement terms.

1

Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the

Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-

347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision

will be available to anyone with access to the internet. However, the parties may object to the Decision’s

inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party

has fourteen 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). Otherwise, the whole Decision will be available to the public. Id.

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

(2012).

Respondent agrees to issue the following payment:

A lump sum of $91,500.00 in the form of a check payable to petitioner, Harold

O’Dell. This amount represents compensation for all damages that would be available

under § 300aa-15(a).

I adopt the parties’ stipulation attached hereto, and award 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/ Mindy Michaels Roth

Mindy Michaels Roth

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.

2

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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