United States Court of Federal Claims, 2013

Steven Engen and Kellie Engen, Legal Representatives of a Minor Child, Kellen Engen v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided June 6, 2013 · Special Master Millman

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-18V Filed: June 6, 2013 Not for Publication ************************************* STEVEN ENGEN and KELLIE ENGEN, * legal representatives of a minor child, * KELLEN ENGEN, * * Damages decision based on stipulation; Petitioners, * rotavirus vaccine; intussusception * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Randall G. Knutson, Mankato, MN, for petitioners.

Tara J. Kilfoyle, Washington, DC, for respondent.

MILLMAN, Special Master DECISION AWARDING DAMAGES1 On June 5, 2013, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioners allege that Kellen Engen developed an intussusception that was caused by his January 21, 2010 receipt of rotavirus vaccine. Petitioners further allege that Kellen’s injury resulted in inpatient hospitalization and surgical intervention.

Respondent denies that rotavirus vaccine caused Kellen’s intussusception or any other injury.

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 petitioners: a. a lump sum of $2,500.00, which amount represents compensation for past unreimbursable expenses. The award shall be in the form of a check for $2,500.00 made payable to petitioners, Steven Engen and Kellie Engen; and b. a lump sum of $35,000.00. The award shall be in the form of a check made payable to petitioners as guardians of Kellen Engen’s estate.

These amounts represent 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 of the court is directed to enter judgment herewith.2

IT IS SO ORDERED.

Dated: June 6, 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1 Because this unpublished decision contains a reasoned explanation for the special master's action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims's website, in accordance with the E-Government Act of 2002, Pub.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, either separately or jointly, filing a notice renouncing the right to seek review.

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