Regan M. Colombatto v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 12-166V Filed: November 8, 2013 Not for Publication

************************************* REGAN M. COLOMBATTO, *

*

Petitioner, *

* Damages decision based on v. * stipulation; hepatitis B vaccine;

* focal lipodystrophy; paresthesias SECRETARY OF HEALTH * AND HUMAN SERVICES, *

*

Respondent. *

*

************************************* Ronald C. Homer, Boston, MA, for petitioner.

Alexis B. Babcock, Washington, DC, for respondent MILLMAN, Special Master

DECISION AWARDING DAMAGES1

On November 8, 2013, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges her receipt of hepatitis B vaccine on April 5, 2011, caused her to suffer from focal lipodystrophy and paresthesias. Respondent concedes that petitioner’s focal lipodystrophy was caused-in-fact by her hepatitis B vaccine, but denies that any other injuries were caused by the vaccine. Nonetheless, the parties agreed to resolve this matter informally.

The undersigned finds the terms of the stipulation to be reasonable. 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 a lump sum of $350,000.00, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2012). The award shall be in the form of a check for $350,000.00 made payable to petitioner.

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: November 8, 2013 s/ Laura D. Millman

Laura D. Millman Special Master