VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01210 Package ID: USCOURTS-cofc-1_16-vv-01210 Petitioner: Yvette A. Suomala Filed: 2016-09-27 Decided: 2017-03-09 Vaccine: influenza Vaccination date: 2015-12-18 Condition: Bell's palsy Outcome: compensated Award amount USD: 15000 AI-assisted case summary: Yvette Suomala filed a petition for compensation under the National Vaccine Injury Compensation Program on September 27, 2016, alleging that she suffered from Bell's palsy as a result of an influenza vaccine administered on or about December 18, 2015. She further alleged that her symptoms persisted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Suomala's alleged Bell's palsy or any other injuries. Despite this denial, the parties reached a joint stipulation for damages. The stipulation stated that Ms. Suomala would receive a lump sum of $15,000.00 as compensation for all damages available under the program. The Special Master found the stipulation reasonable and adopted it as the decision of the Court, awarding Ms. Suomala the agreed-upon amount. The parties also agreed to waive their right to seek review, expediting the entry of judgment. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01210-0 Date issued/filed: 2017-04-03 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 3/9/2017) regarding 20 DECISION - Stipulation. Signed by Special Master Herbrina Sanders. (jk) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-01210-UNJ Document 28 Filed 04/03/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1210V Filed: March 9, 2017 * * * * * * * * * * * * * * Special Master Sanders YVETTE A. SUOMALA, * * Joint Stipulation on Damages; * Influenza (“Flu”) Vaccine; Bell’s palsy. Petitioner, * * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * * Respondent. * * * * * * * * * * * * * * * Nancy R. Meyers, Ward Black Law, Greensboro, NC, for Petitioner. Daniel A. Principato, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On September 27, 2016, Yvette Suomala (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner alleged that as a result of an influenza (“flu”) vaccine administered on or about December 18, 2015, she suffered from Bell’s palsy. See Stipulation for Award at ¶ ¶ 1-4, filed March 9, 2017. Petitioner further alleged that she experienced symptoms of this injury for more than six months. Id. at ¶ 4. 1 This decision shall be posted on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information that satisfies the criteria in § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, the undersigned agrees that the identified material fits within the requirements of that provision, such material will be deleted from public access. 2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act,” “the Act,” or “the Program”). Hereafter, individual section references will be to 42 U.S.C. § 300aa of the Act. 1 Case 1:16-vv-01210-UNJ Document 28 Filed 04/03/17 Page 2 of 7 On March 9, 2017, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Respondent denies that the flu vaccine caused Petitioner’s alleged Bell’s palsy and/or any other injuries, and denies that Petitioner’s current disabilities are the result of a vaccine-related injury. 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 compensation: A lump sum of $15,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. at ¶ 8. 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. s/Herbrina D. Sanders Herbrina D. Sanders 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. 2 Case 1:16-vv-01210-UNJ Document 28 Filed 04/03/17 Page 3 of 7 Case 1:16-vv-01210-UNJ Document 28 Filed 04/03/17 Page 4 of 7 Case 1:16-vv-01210-UNJ Document 28 Filed 04/03/17 Page 5 of 7 Case 1:16-vv-01210-UNJ Document 28 Filed 04/03/17 Page 6 of 7 Case 1:16-vv-01210-UNJ Document 28 Filed 04/03/17 Page 7 of 7