West v. Secretary of Health and Human Services
West
Court
United States Court of Federal Claims
Decided
June 16, 2025
Jurisdiction
FS
Importance
46%
Case Summary
In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: April 2, 2025 * * * * * * * * * * * * * SUSAN WEST, * * Petitioner, * No. 21-1515V * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Alison Haskins, Siri & Glimstad, LLP, Aventura, FL, for petitioner. Mary E. Holmes, U.S. Department of Justice, Washington, D.C., for respondent. DECISION ON STIPULATION1 On June 28, 2021, Susan West (“petitioner”) filed a petition for compensation in the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner alleged that the influenza (“flu”) vaccine she received on October 19, 2019, caused her to develop optic neuritis. Id. On April 2, 2025, respondent file a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation (“Stip.”) (ECF No. 67). Respondent denies that the flu vaccine caused petitioner to suffer optic neuritis or any other injury. Id. at ¶ 6. Maintaining their respective positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision contains a reasoned explanation for the action in this case, I am required to post it to a publicly available website. This decision will appear at https://www.govinfo.gov/app/collection/uscourts/national/cofc or on the Court of Federal Claims website. This means the decision will be available to anyone with access to the Internet. Before the decision is posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision will be posted on the court’s website without any changes. Id. 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 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. The stipulation provides: A lump sum payment of $73,500.00 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The 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 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) SUSAN WEST, ) ) Petitioner, ) ) No. 21-1515V v. ) Special Master Gowen ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________)
Case Details
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Status
Decided
Date Decided
June 16, 2025
Jurisdiction
FS
Court Type
federal
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Case Summary
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In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: April 2, 2025
SUSAN WEST, * * Petitioner, * No. 21-1515V * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. *
Alison Haskins, Siri & Glimstad, LLP, Aventura, FL, for petitioner. Mary E. Holmes, U.S. Department of Justice, Washington, D.C., for respondent.
DECISION ON STIPULATION1
On June 28, 2021, Susan West (“petitioner”) filed a petition for compensation in the
National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner alleged that the influenza (“flu”) vaccine she received on October 19, 2019, caused her to develop optic neuritis. Id.
On April 2, 2025, respondent file a stipulation providing that a decision should be entered
awarding compensation to petitioner. Stipulation (“Stip.”) (ECF No. 67). Respondent denies that the flu vaccine caused petitioner to suffer optic neuritis or any other injury. Id. at ¶ 6. Maintaining their respective positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7.
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision contains a reasoned explanation for the action in this case, I am required to post it to a publicly available website. This decision will appear at https://www.govinfo.gov/app/collection/uscourts/national/cofc or on the Court of Federal Claims website. This means the decision will be available to anyone with access to the Internet. Before the decision is posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision will be posted on the court’s website without any changes. Id. 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 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. The stipulation provides:
A lump sum payment of $73,500.00 to be paid through an ACH deposit to
petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount
and on the terms set forth therein. The 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 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a).
2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
)
SUSAN WEST, ) ) Petitioner, ) ) No. 21-1515V v. ) Special Master Gowen ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________)
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Case Details
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Status
Decided
Date Decided
June 16, 2025
Jurisdiction
FS
Court Type
federal
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