Gorman v. Secretary of Health and Human Services

IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS No. 11-721V Filed: August 22, 2014 (Not to be published) **************************** BRIAN GORMAN and LORI GORMAN, * parents of A.G., a minor, * * Petitioners, * Stipulation; MMR; DTap; varicella; IPV; * Optic Neuritis v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * **************************** Robert Joel Krakow, Esq., Law Office of Robert J. Krakow, P.C., New York, NY, for petitioner.

Tara J. Kilfoyle, Esq., U.S. Dept. of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1 Gowen, Special Master: Brian Gorman and Lori Gorman, parents of A.G. a minor, [“petitioners”] filed a petition for compensation under the National Vaccine Injury Compensation Program2 on October 31, 2011. Petitioners allege that A.G. suffered optic neuritis that was caused in fact by the MMR, DTaP, varicella and IPV vaccines he received on November 18, 2008.

See Stipulation, filed August 20, 2014, at ¶¶ 2, 4. Further, petitioners allege that A.G. experienced residual effects of his injury for more than six months. Id. at ¶ 4.

Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision on the United States Court of Federal Claims' website, in accordance with the E- Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B).

Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access.

National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2006).

Respondent denies that the MMR, DTaP, varicella, and IPV vaccines caused A.G.’s alleged optic neuritis and/or any other injury. Id. at ¶ 6.

Nevertheless, the parties have agreed to settle the case. On August 20, 2014, the parties filed a joint stipulation3 agreeing to settle this case and describing the settlement terms.

Respondent agrees to issue the following compensation payments: (a) A lump sum of $20,000.00, which represents compensation for past unreimbursable expenses, in the form of a check payable to petitioners, Brian Gorman and Lori Gorman.

(b) An amount of $160,000.00 to purchase an annuity contract with benefits to be paid as described in paragraph 10 of the attached stipulation. Said annuity to be purchased by the respondent from an insurance company meeting the capitalization and rating requirements described in paragraph 9 of the stipulation.

(c) These amount represents compensation for all damages that would be available under § 300aa-15(a).

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.4

IT IS SO ORDERED.

s/ Thomas L. Gowen Thomas L. Gowen Special Master

The attached joint stipulation is redacted and all of the redactions within the stipulation refer to the minor, A.G.

Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review.