Laura Roy v. Secretary of the Department of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS ******************************************* LAURA ROY, * No. 09-898V * Special Master Christian J. Moran Petitioner, * * Filed: May 21, 2013 v. * * Stipulation; Human Papillomavirus SECRETARY OF THE DEPARTMENT * (HPV) Vaccine; Rheumatoid OF HEALTH AND HUMAN SERVICES, * Arthritis; Systemic Lupus * Erythematous; Connective Tissue Respondent. * Disorder; Mixed Connective Tissue ******************************************* Disorder.

Howard Scott Gold, Gold Law Firm, Wellesley Hills, MA, for Petitioner; Debra Filteau Begley, United States Department of Justice, Washington, D.C., for Respondent.

UNPUBLISHED DECISION1 On May 20, 2013, the parties filed a joint stipulation concerning the petition for compensation filed by Laura Roy on December 30, 2009. 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 June 28, 2007, August 29, 2007, and December 21, 2007, caused her to develop rheumatoid arthritis (“RA”), systemic lupus erythematous (“SLE”), connective tissue disorder (“CTD”), and mixed connective tissue disorder (“MCTD”). Respondent denies that petitioner’s RA, SLE, CTD, and/or MCTD, or any other condition, or the sequella of those conditions, was caused by her HPV and/or meningococcal vaccinations.2 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.

The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website.

Petitioner received a meningococcal vaccine on June 28, 2007.

Damages awarded in that stipulation include: A lump sum payment of $60,000.00 in the form of a check payable to petitioner, Laura Roy. 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 09-898V according to this decision and the attached stipulation.3 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

Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge.