1



# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 0 8

- 777 V

Filed: S eptember 16 , 2015

* * * * * * * * * * * * * * * * UNPUBLISHED

E MILY HARBORTH

, as independent *

e xecutrix of th e E state of DENNIS *

HARBORTH, *

* Special Master Gowen

Petitioner, *

* Joint Stipulation on Damages;

v. * Influenza (“Flu”) Vaccine;

* J oint pain; Myalgias; Fatigue

. SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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

S cott R. Doody

, L aw Offices of Scott R. Doody

, F ort W o rth, TX

, for petitioner

. A lthea W. Davis

, United States Department of Justice, Washington , DC, for respondent.

DECISION ON JOINT STIPULATION 1

On O ctober 30, 2008

, d ecedent Dennis Harborth (“ M r. Harborth ”) filed a petition pursuant

to the National Vaccine Injury Compensation Program

, 2 42 U .S.C. §§ 300aa

- 1 to

- 34 (2006)

, alleging that as a result of receiving an influenza ( “ flu ” ) vaccine on November 1, 2005 he s ustained

the first symptom or manifestation of joint pain, myalgias, arthralgias, fatigue, and impaired

endurance on or about Nove m ber 12, 2005. Stipulation ¶ 2, 4. Further, M r. Harborth alleged that

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 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)). As provided by Vaccine Rule

18(b), 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).

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National

Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755, codified as amended,

42 U.S.C. §§ 300aa

- 1 to

- 34 (2006) (Vaccine Act or the Act). All citati ons in this decision to

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.2

he experienced residual effects of h is injury for more than six months. Id. Upon the passing of Mr.

Harborth on March 12, 2013, the court granted petitioner ’ s counsel ’ s motion to substitute Emily

Harborth as petitioner herein on April 3, 2013

.

On S eptember 16

, 2015, the parties filed a stipulatio n in which they state that a decision

should b e entered awarding compensation. Respondent denies that the flu vaccination caused M r.

Harborth ’ s a lleged injuries or his death

. Id. at ¶ 7

. 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 stipula te that petitioner shall receive the following compensation:

A lump sum of $ 1 1 ,000 .00

, in the form of a check payable to petitioner

, E mily

Harborth, as the legal representative of the Estate of Dennis Harborth . This amount

represents compensation for all damages that would be availabl e under 42 U.S.C. §

300aa

- 15(a)

.

Id. at ¶ 8.

The undersigned approves the requested amo unt for petitioner ’s compensation.

Accordingly, an award should be made consistent with the stipulation.

T he clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of

the parties’ stipulation. 3

IT IS SO ORDERED.

s/ Thomas L. Gowen

Thomas L. Gowen

Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of

notice renouncing the right to seek review.