Boula v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS ***************** *** STEPHANIE BOULA, * No. 13-356V * Special Master Christian J. Moran Petitioner, * v. * Filed: June 11, 2015 * SECRETARY OF HEALTH * Stipulation; Human Papillomavirus AND HUMAN SERVICES, * (“HPV”) and/or Hepatitis B * vaccines; autoimmune disorder; Respondent. * undifferentiated connective tissue * disorder. ******************** Daniel J. Mannix, Muller, Mannix & Reichenbach, PLLC, Glens Falls, NY, for Petitioner; Julia W. McInerny, U.S. Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1 On June 8, 2015, respondent filed a joint stipulation concerning the petition for compensation filed by Stephanie Boula on May 24, 2013.2 In her petition, Ms. Boula alleged that the Human Papillomavirus (“HPV”) and/or Hepatitis B vaccines, which are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received the HPV vaccines on March 10, 2010, May 20, 2010 and November 5, 2010 and a Hepatitis B vaccine 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.

This claim was initially filed by petitioner’s parents, Stacy and William Boula. The petition was amended on June 5, 2013 alleging that HPV vaccines administered to Stephanie on March 10, 2010, May 20, 2010 and November 5, 2010 and/or a hepatitis B vaccination on or about May 21, 2010 caused Stephanie’s autoimmune disorder and undifferentiated connective tissue disease. On April 10, 2015, after Stephanie turned 18, she was substituted as petitioner. on or about May 21, 2010, caused her to suffer autoimmune disorder and undifferentiated connective tissue disorder, and other injuries as a result of her vaccinations. Petitioner further alleges that she experienced the residual effects of these conditions for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of her condition.

Respondent denies that the HPV and/or hepatitis vaccines caused petitioner’s alleged autoimmune disorder and associated undifferentiated connective tissue disorder 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 $20,000.00 in the form of a check payable to petitioner, Stephanie Boula. 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 13-356V according to this decision and the attached stipulation.3 Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-6360.

IT IS SO ORDERED.

s/ Christian J. Moran Christian J. Moran Special Master

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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