United States Court of Federal Claims, 2013

Elijah Yang, by and Through His Next Friend and Mother, Julie Fang v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided March 29, 2013

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 10-33V

Filed: March 29, 2013

Not for publication

*************************************

ELIJAH YANG, by and through his next *

Friend and Mother, JULIE FANG, * *

Petitioner, * * Damages decision based on stipulation; v. * rotavirus vaccine; Pseudomonas * aeruginosa

SECRETARY OF HEALTH *

AND HUMAN SERVICES, * *

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

Elaine W. Sharp, Marblehead, MA, for petitioner.

Alexis B. Babcock, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES1

On March 29, 2013, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that Elijah Yang suffered from Pseudomonas aeruginosa that was caused by his January 17, 2007 receipt of the RotaTeq rotavirus vaccine. Petitioner further alleges that Elijah experienced the residual effects of his injuries for more than six months. Respondent denies that Elijah’s Pseudomonas aeruginosa, or any other injury, was caused in fact by the RotaTeq rotavirus vaccine. 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: a. A lump sum of $198,242.65, which represents compensation for first year life care expenses ($13,242.65) and pain and suffering ($185,000.00). The award shall be in the form of a check for $198,242.65 made payable to petitioner as the guardian/conservator of the estate of Elijah Yang for the benefit of Elijah Yang; b. A lump sum of $1,818.87, which represents compensation for past unreimbursable expenses. The award shall be in the form of a check for $1,818.87 made payable to petitioner, Julie Fang; and c. An amount sufficient to purchase the annuity contract described in paragraph 10 of the attached stipulation.

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: March 29, 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=s filing a notice renouncing the right to seek review.

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