United States Court of Federal Claims, 2015

Goldin v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided January 7, 2015 · Christian J. Moran

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

********************* COURTNEY GOLDIN, * No. 10-711V

* Petitioner, * Special Master Moran

* v. * Filed: November 21, 2014

* SECRETARY OF HEALTH * Stipulation; Human papillimavirus AND HUMAN SERVICES, * (“HPV”) vaccine; acute disseminated

* encephalomyelitis (“ADEM”). Respondent. *

********************* Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner; Justine Daigneault, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1

On November 20, 2014, respondent filed a joint stipulation concerning the petition for compensation filed by Courtney Goldin on October 19, 2010. In her petition, Ms. Goldin alleged that the Human papillomavirus (“HPV”) vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received on December 18, 2007, caused her to suffer from acute disseminated encephalomyelitis (“ADEM”). Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition.

Respondent denies that the HPV immunization caused petitioner’s ADEM or any other injury or her current condition.

Nevertheless, the parties agree to the joint stipulation, attached hereto as “Appendix A.” The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

Damages awarded in that stipulation include:

A lump sum of $50,000.00 in the form of a check payable to petitioner, Courtney Goldin. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 10-711V according to this decision and the attached stipulation.2

Any questions may be directed to my law clerk, Mary Holmes, at (202) 357- 6353.

IT IS SO ORDERED. s/ Christian J. Moran Christian J. Moran Special Master

1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the party has 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge.

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