Cooper v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 13-153V Filed: October 2, 2014

* * * * * * * * * * * * * * * * UNPUBLISHED J.O.C., a minor, by his parents CHRIS and * SARAH COOPER, *

* Special Master Dorsey Petitioners, *

*

v. * Joint Stipulation on Damages;

* Diphtheria-tetanus-acellular pertussis SECRETARY OF HEALTH * (DTaP) Vaccine; Pneumococcal AND HUMAN SERVICES, * Conjugate (Prevnar); Tic Disorder;

* Seizures, and other injuries. Respondent. *

* * * * * * * * * * * * * * * * William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, PC, for petitioners. Voris Edward Johnson, United States Department of Justice, Washington, DC, for respondent.

DECISION1

On March 1, 2013, Chris and Sarah Cooper (“petitioners”) filed a petition, on behalf of their minor son, J.O.C., pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioners alleged that J.O.C. suffered the adverse effects from the diphtheria-tetanus-acellular pertussis (“DTaP”) and pneumococcal conjugate (“Prevnar”) vaccines administered to him on September 22, 2010, and March 9, 2011. See Petition at 1. Specifically, petitioners claimed that J.O.C. developed a “tic disorder, abnormal EEG and other injuries that were ‘caused-in-fact’ by the above stated vaccinations.” Id. Petitioners further alleged that J.O.C. experienced the residual effects of these injuries for more than six months. Id.

On October 2, 2014, the parties filed a stipulation, stating that a decision should be entered awarding compensation.

Respondent denies that the DTaP or Prevnar vaccines or any other vaccine caused J.O.C. to suffer a tic disorder, seizures, any other injury, or his current disabilities. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

The parties stipulated that petitioners shall receive the following compensation: (1) A lump sum of $1,970.29, in the form of a check payable to petitioners for past unreimbursed expenses; and (2) A lump sum of $13, 029.71, in the form of a check payable to petitioners as guardians/conservators of J.O.C.’s estate.

The above amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

Stipulation ¶ 8.

The undersigned approves the requested amount for petitioners’ compensation. Accordingly, an award should be made consistent with the stipulation.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3

IT IS SO ORDERED. s/ Nora Beth Dorsey Nora Beth Dorsey Special Master