# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS 

### * * * * * * * * * * * * * * * * * * * * * JEFFREY NORRIS , * * No. 15

- 525 V Petitioner, * Special Master Christian J. Moran * v. * Filed: March 20, 2017 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine ; AND HUMAN SERVICES, * transverse myelitis (“TM”). * Respondent. * * * * * * * * * * * * * * * * * * * * * * Alison H. Haskins , Maglio Christopher and Toale , Sarasota, FL , for Petitioner; Ann D. Martin , U.S. Dep ’ t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION 1


### On March 17 , 2017 , the parties filed a joint stipulation concerning the petition for compensation filed by Jeffrey Norris on May 22, 2015

. In his petition, petitioner alleged that the influenza vaccine , which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on October 2, 2013 , caused him to suffer from transverse myelitis (“TM ”) and/or the significant aggravation of TM

. P etitioner further alleges that he suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on h is behalf as a result of his condition.

1 T he E -Government Act, 44 U.S.C. § 3501 note (2012 ) ( Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website.2 

### Respondent denies that the influenza vacc ine caused petitioner to suffer from TM and/or the significant aggravation of TM, or any other injury or his current condition

. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include:

a. A lump sum of $ 246,045 .00, which amount represents compensation for first year life care expenses ($31,045.00), pain and suffering ($170,000.00), and past unreimbursable expenses ($45,000.00), in the form of a check payable to petitioner, Jeffrey Norris . b. An amount sufficient to purchase the annuity contr act described in paragraph 10 of the attached stipulation. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa

- 15(a). In the absence of a motion for review filed pursuant to R CFC, Appendix B, the clerk is directed to enter judgment in cas e 15

- 525V according to this decision and the attached stipulation. 2



### IT IS SO ORDERED

. s/Christian J. Moran Christian J. Moran Special Master

2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Fed eral Claims judge.IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

____________________________________ ) JEFFREY NORRIS ) ) Petitioner, ) v. ) ) No. 15-525V S ECRETARY OF HEALTH ) Special Master Moran AND HUMAN SERVICES ) ) Respondent. ) ____________________________________) STIPULATION The parties hereby stipulate to the following matters:
1. Jeffrey Norris , petitioner, filed a petition f or vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to - 34 (the “Vaccine Program”). The petition seeks compensation for injuries allegedly related to petitioner’s receipt of an influenza (“flu ” ) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3 (a). 2. Petitioner received his flu vaccination on October 2, 2013. 3. The vaccination was administered within the United States. 4. Petitioner alleges that the fl u vaccine caused him to suffer from transverse myelitis (“TM”) and/or the significant aggravation of TM, and that he experienced the residual effects of this injury for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition.2 6. Respondent denies that the flu vaccine caused petitioner to suffer from TM and/or the significant aggravation of TM, or an y other injury or his current condition. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in para graph 8 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitione r has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secret ary of Health and Human Services will issue the following vaccine compensation payments: a. A lump sum of $246,045.00, which amount represen ts compensation for first year life care expenses ($31,045.00), pain and suff ering ($170,000.00), and past unreimbursable expenses ($45,000.00), in the form of a check payable to petitioner; and b. An amount sufficient to purchase the annui ty contract described in paragraph 10 below, paid to the life insurance compan y from which the annuity will be purchased (the “Life Insurance Company”). 9. The Life Insurance Company mu st have a minimum of $250,000,000 capital and surplus, exclusive of any mandatory security va luation reserve. The Life Insurance Company must have one of the following ratings fro m two of the following rating organizations: a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s; b. Moody’s Investor Service Claims Pa ying Rating: Aa3, Aa2, Aa1, or Aaa; c. Standard and Poor’s Corporation Insurer Claims-Paying Ability Rating: AA-, AA, AA+, or AAA; d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating: AA-, AA, AA+, or AAA. 10. The Secretary of Health and Human Servic es agrees to purchase an annuity contract from the Life Insurance Company for the benefit of petitioner, Jeffrey Norris, pursuant to which3 the Life Insurance Company will agree to make payments periodically to petitioner as follows: For future unreimbursable attendant care a nd medical equipment expenses, beginning on the first anniversary of the date of ju dgment, an annual amount of $31,045.00 to be paid for the remainder of petitioner’s life, increasing at the rate of three percent (3%), compounded annually from th e date of judgment. At the sole discretion of the Secretary of Health and Human Services, the periodic payments set forth in paragraph 10 above may be provided to petitioner in monthly, quarterly, annual or other installments. The “annual amounts” set forth above de scribe only the total yearly sum to be paid to petitioner and do not require that the payment be made in one annual installment. Petitioner will continue to receive the annuity payments from the Life Insurance Company only so long as he, Jeffrey Norris, is alive at the time that a par ticular payment is due. Written notice shall be provided to the Secretary of Health and Human Se rvices and the Life Insurance Company within twenty (20) days of Jeffrey Norris’s death. 11. The annuity contract will be owned solely and exclusively by the Secretary of Health and Human Services and will be purchased as soon as practicable following the entry of a judgment in conformity with this Stipulation. The parties stipul ate and agree that the Secretary of Health and Human Services a nd the United States of America are not responsible for the payment of any sums other than the amounts se t forth in paragraph 8 herein and the amounts awarded pursuant to paragraph 12 herein, and that they do not guarantee or insure any of the future annuity payments. Upon the purchase of th e annuity contract, the Secretary of Health and Human Services and the United States of America are released from any and all obligations with respect to future annuity payments. 12. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings4 before the special master to award reasonable attorneys’ fees and costs incurred in proceeding upon this petition. 13. Petitioner and his attorney represent that they have identifie d to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), including State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or entities that pr ovide health services on a pre-paid basis. 14. Payments made pursuant to paragr aph 8 and any amounts awarded pursuant to paragraph 12 of this Stipula tion will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds. 15. The parties and their attorneys further agree and stipulate that, except for any award for attorneys’ fees and litigation costs, and past unreimbursable expenses, the money provided pursuant to this Stipulation either immediately or as part of the annuity contract, will be used solely for petitioner’s benefit as contemplated by a strict construction of 42 U.S.C. §§ 300aa15(a) and (d), and subject to the conditions of 42 U.S.C. §§ 300aa-15(g) and (h). 16. In return for the payments describe d in paragraphs 8 and 12, petitioner, in his individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns, does forever irrevocably and uncond itionally release, acquit and di scharge the United States and the Secretary of Health and Human Services fro m any and all actions or causes of action (including agreements, judgments, claims, damage s, loss of services, ex penses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Fede ral Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300 aa-10 et seq., on account of , or in any way growing out of, any and all5 known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on October 2, 2013, as alleged by petitioner in a petition for vaccine compensation filed on or about May 22, 2015, in the United States Court of Fede ral Claims as petition No. 15-525V. 17. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 18. If the special master fails to issue a d ecision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with th e terms of this Stipula tion, then the parties’ settlement and this Stipulation shall be voidable at the sole discretion of either party. 19. This Stipulation expresses a full and co mplete negotiated settle ment of liability and damages claimed under the National Childhood Vacci ne Injury Act of 1986, as amended, except as otherwise noted in paragraph 12 above. Ther e is absolutely no agreement on the part of the parties hereto to make any paymen t or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agre e and understand that the award described in this Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 20. Petitioner hereby authorizes respondent to disclose docum ents filed by petitioner in this case consistent with the Privacy Act and the routine uses described in the National Vaccine Injury Compensation Program System of Records, No. 09-15-0056.6 21. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner to suffer from TM and/or the significant aggravation of TM, or any other injury or his current condition. 22. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION / / / / / / / / / / / / / / / / / / / / / / / / /Re s pectfully submitted,

PETITIONER:

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ATTORNEY OF RECORD FOR PETITIONER:

AUTHORIZED REP SENTATIVE OF THE SECRET Y F HEALTH AND HU S VIC 1 S:

N ,M.D. Director, Division of Injury Compensation Programs Healthcare Systems Bureau U.S. Department of Health and Human Services · 5600 Fishers Lane Parklawn Building, Mail Stop l lC-26 Rockville, MD 20857

Dated: 

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7 AUTHORIZED REPRESENT A TlVE OF THl!; ATTORNEY GENERAL:

# '~**:!----** p y i rect or Torts Branch Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146

ATTORNEY OF RECORD FOR RESPONDENT:

ANN D. MARTIN Senior Trial Attorney Tort s Branch Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 Tel: (202) 307-1815