Sarina v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 11-422V (E-Filed: August 18, 2014)

* * * * * * * * * * * * * * * JILL SARINA, * UNPUBLISHED

* *

Petitioner, * Special Master

* Hamilton-Fieldman v. *

* Measles, Mumps, Rubella (“MMR”) SECRETARY OF HEALTH AND * Vaccine; Transverse Myelitis (“TM”) HUMAN SERVICES, * Decision; Stipulation.

* Respondent. * . * * * * * * * * * * * * * * * Chester Daniel Hayes, Hayes Law Office, Pataskala, OH, for Petitioner.

Jennifer R. Reynaud, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1 On June 27, 2011, Petitioner, Jill Sarina, filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”). Petitioner alleged that the administration of a measles, mumps, and rubella vaccination (“MMR”), administered on July 29, 2008, caused Petitioner to suffer transverse myelitis (“TM”).2

Respondent denies that Petitioner’s MMR vaccination caused Petitioner’s TM and/or any other injury. Nonetheless, both parties, while maintaining their above stated positions, agreed in a Stipulation, filed August 18, 2014, (“Stipulation”) that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation.

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 stipulation awards:

A lump sum of $418,793.68, which amount represents compensation for first year life care expenses ($168,793.68), and combined lost earnings, pain and suffering, and past expenses ($250,000.00), in the form of a check payable to Petitioner;

Stipulation ¶ 8(a)

A lump sum of $1,760.30, which amount represents reimbursement of a State of Ohio Medicaid lien, in the form of a check payable jointly to Petitioner and

Treasurer, State of Ohio 350 Worthington Rd, Suite G Westerville, Ohio 43082 Attn: Ms. Jeanny Blackledge Case Number: 985355

Petitioner agrees to endorse this payment to the State;

Stipulation ¶ 8(b)

An amount sufficient to purchase the annuity contract described in paragraph 10 of the Stipulation, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”). This represents all damages available under 42 U.S.C. §300aa-15(a) to which Petitioner would be entitled

Stipulation ¶ 8(c)

The undersigned approves the requested amounts for Petitioner’s compensation. 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.3

IT IS SO ORDERED. s/Lisa D. Hamilton-Fieldman Lisa D. Hamilton-Fieldman Special Master