United States Court of Federal Claims, 2013

Sandra Steinberg, as the Administrator of the Estate of Isaiah Steinberg v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided November 13, 2013 · Special Master Hamilton-Fieldman

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 10-356V (E-Filed: November 13, 2013)

* * * * * * * * * * * * * * * SANDRA STEINBERG, as the * administrator of the Estate of, ISAIAH * STEINBERG, * UNPUBLISHED

* Petitioner, * Special Master

* Hamilton-Fieldman v. *

* Pediarix, Haemophilus influenza type SECRETARY OF HEALTH AND * B (Hib) vaccine, Pneumococcal HUMAN SERVICES, * Conjugate Vaccine (PVC); Death;

* Decision; Stipulation. Respondent. *

* * * * * * * * * * * * * * * John F. McHugh, New York, NY, for Petitioner.

Linda Renzi, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On June 9, 2010, Petitioner, Sandra Steinberg, filed a petition seeking compensation under the National Vaccine Injury Compensation Program (Athe Vaccine Program@) on behalf of her son, Isaiah. Petitioner alleged that her son suffered a decrease in brain function and subsequent death, as a result of receiving the Pediarix vaccine, the Haemophilus influenza type B (Hib) vaccine, and the Pneumococcal Conjugate Vaccine (PVC).2

Respondent denies that Isaiah’s vaccinations caused his injury and resulting death. Nonetheless, both parties, while maintaining their above stated positions, agreed in a Stipulation, filed November 13, 2013, (“Stipulation”) that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation.

The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

The stipulation awards:

A lump sum of $40,000.00 in the form of a check payable to Petitioner, as legal representative of Isaiah Steinberg’s estate. This amount represents compensation for all damages that would be available under 42 U.S.C. §300aa-15(a) to which Petitioner would be entitled.

Stipulation ¶ 8.

The undersigned approves the requested amounts for Petitioner’s compensation. 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.3

IT IS SO ORDERED. s/Lisa Hamilton-Fieldman Lisa Hamilton-Fieldman Special Master

1 Because this unpublished decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by Vaccine Rule 18(b), each party has 14 days within which to request 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). Otherwise, “the entire” decision will be available to the public. 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.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002) (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. 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.

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