# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

JUANITA BURGESS

, *

a single woman, * No. 1 1

- 739 V

Petitioner, * Special Master Moran

*

v. * Filed: June 1 6 , 2014

*

SECRETARY OF HEALTH * Stipulation; influenza vaccine;

AND HUMAN SERVICES, * Guillain

- Barré S yndrome (“GBS”).

Respondent. *

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

Jay A. Bansal

, Law Offices of Jay A. Bansal

, Tempe

, AZ, for Petitioner;

Justine Daigneault

, U nited States Dep’t of Justice, Washington, DC

, for

Respondent.

UNPUBLISHED DECISION 1

On June 1 1 , 2014 , respondent filed a joint stipulation concerning the petition

for compensation filed by Juanita Burgess on November 4, 2011 . In her petition,

M s. Burgess alleged that the influenza vaccine , which is contained in the Vaccine

Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which s he received on

November 6, 2008 , caused her to suffer Guillain

- Barré S yndrome (“GBS”).

Petitioner r epresents that there has been no prior award or settlement of a civil

action for damages on her behalf as a result of her condition.

Respondent denies that the influenza vaccine caused petitioner to suffer

from GBS or any other injury or her current condi tion.

Nevertheless, the parties agree to the joint stipulation, attached hereto as

“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as

the decision of the Court in awarding damages, on the terms set forth therein.

1 T he E

- Government Act of 2002, Pub. L. No. 107

- 347, 116 Stat. 2899, 2913 (Dec. 17,

2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),

the party has 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.D amages awarded in that stipulation include:

A. A lump sum payment of $ 372,095.29, representing compensation for

first year life care expenses ($127,714.07) and pain and suffering

($244,381.22), in the form of a check payable to petitioner Juanita

Burgess; and

B. A lump sum payment of $70,589.91, representing reimbursement of a

State of Arizona lien, in the form of a check payable jointly to

petitioner and

Recovery Management Systems

P.O. Box 32714

Phoenix, AZ 85064

- 2714

Attn: Mr. Victor Womack

Mercy Care ID: A00293781

- 01

Petitioner agrees to endorse this check to Recovery Management

Systems.

C. An amount sufficient to purchase the annuity contract described in

paragraph 10 of the attached stipulation.

In the absence of a motion for review filed pursuant t o RCFC, Appendix B,

the clerk is directed to enter judgment in case 11

- 739 V according to this decision

and the attached stipulation. 2

Any questions may be directed to my law clerk, Mary Holmes , at (202) 357

-

63 53

.

IT IS SO ORDERED.

s/ Christian J. Moran

Christian J. Moran

Special Master

2 Pursuant to Vaccine Rule 1 1(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 Federal

Claims judge.

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