Attorney(s) appearing for the Case
JEREMIAH MEANS, Petitioner, represented by Donald Philip Edwards , Law Office of Donald P. Edwards.
SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent, represented by Glenn Alexander MacLeod , U. S. Department of Justice.
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On November 1, 2012, Jeremiah Means ("petitioner") filed a petition for compensation under the National Vaccine Injury Compensation program ("the Program")2 alleging that as a result of receiving an influenza ("flu") vaccination on November 6, 2009, and a tetanus, diphtheria, and acellular-pertussis ("Tdap") vaccination on November 7, 2009, he suffered hearing loss, generalized weakness, and gait instability. Petition at ¶¶ 1, 7. Petitioner later developed his claim to allege that the vaccinations at issue significantly aggravated his Susac's Syndrome; or alternatively, that the vaccinations caused him to suffer an encephalopathy as described in the Vaccine Injury Table ("Table"). See Petitioner's ("Pet'r's) Prehearing Submission at 1; Pet'r's Posthearing Brief at 1. On October 13, 2015, a decision awarding entitlement to petitioner was entered.
On May 17, 2017, the parties filed a stipulation recommending an award of compensation to petitioner. Stipulation (ECF No. 192). Respondent denies that the Tdap vaccine caused any injury to petitioner. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The 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 that petitioner shall receive the following:
(1) A lump sum of $1,875,269.34, which amount represents compensation for first year life care expenses ($47,580.96), past and future lost earnings ($1,550,000.00), past and future pain and suffering ($250,000.00), and past unreimbursable expenses ($27,688.38), in the form of a check made payable to petitioner, Mr. Jeremiah Means; and
(2) An amount sufficient to purchase the annuity contract described in paragraph 10 of the Stipulation, paid to the life insurance company from which the annuity will be purchased.
These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).
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.3
IT IS SO ORDERED.