United States Court of Federal Claims, 2013

Kelly Howard, as Mother and Natural Guardian of the Minor, Natalie Howard v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided June 20, 2013 · Special Master Millman

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 12-324V

Filed: June 20, 2013

Not for Publication

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KELLY HOWARD, as mother and * natural guardian of the minor, *

NATALIE HOWARD, * *

Petitioner, * Damages decision based on stipulation; * diphtheria-tetanus-pertussis vaccine; v. * measles-mumps-rubella vaccine; inactivated * polio vaccine; varicella vaccine; acute SECRETARY OF HEALTH * disseminated encephalomyelitis AND HUMAN SERVICES, * *

Respondent. * * *************************************

Michael A. London, New York, NY, for petitioner.

Julia W. McInerny, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES1

On June 20, 2013, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that her daughter suffered acute disseminated encephalomyelitis (ADEM) and other adverse injuries that were caused by her June 23, 2010 receipt of diphtheria-tetanus-pertussis vaccine, measles-mumps-rubella vaccine, inactivated polio vaccine, and varicella vaccine. Respondent denies that petitioner’s daughter’s ADEM, or any other injury, was caused by her vaccinations. Nonetheless, the parties agreed to resolve this matter informally.

The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the Court awards petitioner a lump sum of $57,500.00, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check for $57,500.00 made payable to petitioner, as guardian/conservator of Natalie Howard’s estate.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2

IT IS SO ORDERED.

Dated: June 20, 2013 s/ Laura D. Millman Laura D. Millman Special Master

1 Because this unpublished decision contains a reasoned explanation for the special master's action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims's website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to delete such information prior to the document=s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall delete such material from public access. 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review.

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