United States Court of Federal Claims, 2014

Constable v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided November 20, 2014 · Laura D Millman

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-24V

Filed: October 30, 2014

Not for Publication

*************************************

MARGARET J. CONSTABLE, * *

Petitioner, * * * Damages decision based on stipulation; v. * tetanus-diphtheria-acellular pertussis (Tdap) * vaccine; thrombocytopenia purpura SECRETARY OF HEALTH *

AND HUMAN SERVICES, * *

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

Elizabeth M. Muldowney, Richmond, VA, for petitioner.

Heather L. Pearlman, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES1

On October 30, 2014, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that the tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine she received on April 18, 2012, caused her to develop thrombocytopenia purpura or significantly aggravated a pre-existing condition. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Respondent denies that the Tdap vaccine caused petitioner’s thrombocytopenia purpura or any other injury, and further denies that her current disabilities are sequelae of this injury. 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 $31,511.30, representing compensation for satisfaction of the State of Oregon Medicaid lien. The award shall be in the form of a check in the amount of $31,511.30 payable jointly to petitioner and

Oregon Department of Human Services

Office of Payment Accuracy and Recovery Personal Injury Liens P.O. Box 14512

Salem, OR 97309-0416

Petitioner agrees to endorse this payment to the Oregon Department of Human Services; and b. a lump sum of $150,000.00, representing reimbursement for all remaining damages that would be available under 42 U.S.C. § 300aa-15(a) (2006). The award shall be in the form of a check in the amount of $150,000.00 payable to petitioner, Margaret J. Constable.

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: October 30, 2014 s/ Laura D. Millman Laura D. Millman Special Master

1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to delete such information prior to the document’s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall delete such material from public access. 2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or jointly, filing a notice renouncing the right to seek review.

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