United States Court of Federal Claims, 2013

Joseph Lerro and Brittany Lerro, Legal Representatives of the Estate of Joseph N. Lerro v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided July 3, 2013 · Special Master Millman

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 12-812V

July 3, 2013

Not for Publication *****************************

JOSEPH LERRO and BRITTANY LERRO, *

Legal Representatives of the Estate of *

JOSEPH N. LERRO, deceased, * *

Petitioners, * Damages decision based on * stipulation; DTaP, HiB, IPV, v. * Prevnar, rotavirus vaccines; * injuries and death SECRETARY OF HEALTH *

AND HUMAN SERVICES, * *

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

Barbara D. Bonar, Covington, KY, for petitioners.

Lisa A. Watts, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES1

On July 3, 2013, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioners allege that their son Joseph N. Lerro (“Joey”) suffered injuries and death due to diphtheria-tetanus-acellular pertussis (DTaP), haemophilus influenza type B (HiB), inactivated polio (IPV), pneumococcal (Prevnar), and rotavirus vaccines which Joey received on January 23, 2012. Respondent denies that Joey’s injuries and death were caused by DTaP, HiB, IPV, Prevnar, and/or rotavirus vaccines. 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 petitioners a lump sum of $235,000.00 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 $235,000.00 made payable to petitioners as administrators/executors of Joey’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: July 3, 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1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub.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 redact 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 redact 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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.