Brown v. Secretary of Health and Human Services

IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

No. 11-50V Filed: September 26, 2014

(Not to be published) ************************* NICOLE BROWN and DOMAH BROWN, * as parents and natural guardians of * A.B., a minor, *

* Stipulation; DTaP; HiB; MMR; Petitioners, * pneumococcal;

* Streptococcal A infection; v. * Streptococcal toxic shock

* syndrome; multi-organ failure *

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

**************************** Anne Toale, Esq., Maglio Christopher and Toale, Sarasota, FL for petitioner. Lara Englund, Esq., U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1 Gowen, Special Master:

Nicole Brown and Domah Brown, as parents and natural guardians of A.B., a minor, [“petitioners”] filed a petition for compensation under the National Vaccine Injury Compensation Program2 on January 18, 2011. Petitioners allege that A.B. suffered Streptococcal A infection, Streptococcal toxic shock syndrome, and multi-organ system failure that was caused in fact by the diphtheria-tetanus-acellular pertussis [DTaP], hemophilus influenzae type b[Hib], pneumococcal and measles-mumps-rubella [MMR] vaccines he received on or about January 16, 2008. See Stipulation, filed September 25, 2014, at ¶¶ 2, 4. Further, petitioners allege that A.B. experienced residual effects of his injury for more than six months. Id. at ¶ 4. Respondent denies that the DTaP, Hib, pneumococcal and MMR vaccines caused any of A.B.’s injuries or his current condition. Id. at ¶ 6.

Nevertheless, the parties have agreed to settle the case. On September 25, 2014, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms.

Respondent agrees to issue the following compensation payments:

(a) A lump sum of $200,000.00, in the form of a check payable to petitioners, Nicole and Domah Brown, as guardian(s)/conservator(s) of the estate of A.B. for the benefit of A.B. No payment shall be made until petitioners provide respondent with documentation establishing that they have been appointed as the guardian(s)/conservator(s) of A.B.’s estate.

The amount set forth in paragraph (a) represents compensation for all damages that would be available under § 300aa-15(a), except as set forth in paragraphs (b) and (c) below.

(b) A lump sum of $135,385.54, which amount represents reimbursement of a Commonwealth of Virginia Medicaid lien, in the form of a check payable jointly to petitioners, Nicole and Domah Brown, and

Commonwealth of Virginia Department of Medical Assistance

Suite 1300 600 East Broad Street Richmond, VA 23219

Attn: Donna R. Piacentini

Petitioners agree to endorse this check to the Commonwealth of Virginia.

(c) An amount sufficient to purchase an annuity contract described in paragraph 10 of the attached stipulation, paid to the life insurance company from which the annuity will be purchased [the “Life Insurance Company”].

The special master adopts the parties’ stipulation attached hereto, and awards compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen Special Master