Katelyn Speakman, Individually v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

************************* KATELYN SPEAKMAN, Individually, *

* No. 10-552V

Petitioner, * Special Master Christian J. Moran

* v. *

* Filed: May 3, 2013

SECRETARY OF HEALTH * AND HUMAN SERVICES, * Stipulation; HPV vaccine; abdominal pain

* Respondent. *

************************* James Blumenstiel, Blumenstiel, Evans & Falvo, LLC, Columbus, OH, for Petitioner; Voris Johnson, United States Department of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1

On May 2, 2013, the parties filed a joint stipulation concerning the petition for compensation filed by Katelyn Speakman on August 16, 2010. In her petition, petitioner alleged that the human papillomavirus (“HPV”) vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received on September 25, 2007, and either December 21, 2007, or January 21, 2008, caused her to suffer severe abdominal pain and other symptoms. Respondent denies that the HPV vaccine caused petitioner’s alleged adverse reaction and residual effects, or any other injury.

Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

Damages awarded in that stipulation include:

A lump sum payment of $30,000.00 in the form of a check payable to petitioner, Katelyn Speakman. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 10-552V according to this decision and the attached stipulation.2

Any questions may be directed to my law clerk, Tucker McCarthy, at (202) 357-6392. IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master