Gary R. Poling, on Behalf of J.T.P. v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 12-399V

Filed: January 10, 2014

Not for Publication

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GARY R. POLING, on Behalf of J.T.P., * *

Petitioner, * * Damages decision based on stipulation; v. * flu vaccine; Idiopathic Thrombocytopenic * Purpura

SECRETARY OF HEALTH *

AND HUMAN SERVICES, * *

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

Anne C. Toale, Sarasota, FL, for petitioner.

Traci R. Patton, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES1

On January 10, 2014, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner, on behalf of his son, alleges that J.T.P. suffered injuries that were caused by his September 26, 2011 receipt of influenza (“flu”) vaccine. He alleges that J.T.P. sustained the first symptom or manifestation of his injury within two weeks of his immunization, developed Idiopathic Thrombocytopenic Purpura (“ITP”) as sequela of this injury, and experienced the residual effects of this injury for more than six months. Respondent denies that flu vaccine caused J.T.P’s ITP and denies that J.T.P. experienced the residual effects of any injury for more than six months. Nonetheless, the parties agreed to resolve this matter informally.

The undersigned finds the terms of the stipulation to be reasonable. 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 $25,000.00. The award shall be in the form of a check for $25,000.00 made payable to petitioner as guardian/conservator of the estate of J.T.P., for the benefit of J.T.P. No payments shall be made until petitioner provides respondent with documentation establishing that he has been appointed as the guardian/conservator of J.T.P.’s estate; and b. a lump sum of $6,000.00, which amount represents compensation for past unreimbursable expenses. The award shall be in the form of a check for $6,000.00 made payable to petitioner; and c. an amount sufficient to purchase the annuity contract described in paragraph 10 in the attached stipulation. The award shall be in the form of a check made payable to the life insurance company from which the annuity will be purchased.

The amounts set forth in paragraphs 8.a. and 8.b. represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2012). 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: January 10, 2014 s/ Laura D. Millman Laura D. Millman Special Master