Schwartz v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 11-579V

Filed: September 17, 2015

Not for Publication

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MARISSA SCHWARTZ, * *

Petitioner, * Damages decision based on * stipulation; human papillomavirus * (“HPV”) vaccine; juvenile * rheumatoid arthritis (“JRA”); v. * undifferentiated connective tissue * disease (“UCTD”); mixed * connective tissue disease (“MCTD”) * * *

SECRETARY OF HEALTH *

AND HUMAN SERVICES, * *

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

Anne C. Toale, Sarasota, FL for petitioner.

Ann D. Martin, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES 1

On September 16, 2015, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner received tetanus-diptheria acellular pertussis (“Tdap”), meningococcal, and human-papillomavirus (“HPV”) vaccines on September 13, 2008. She also received an HPV vaccine on December 18, 2008. Petitioner alleges that her HPV vaccine(s) caused her to suffer juvenile rheumatoid arthritis (“JRA”), undifferentiated connective tissue disease (“UCTD”), and/or mixed connective tissue disease (“MCTD”). Petitioner further alleges that she experienced the residual effects of these injuries for more than six months. Respondent denies that petitioner’s HPV vaccine(s), or any other vaccines, caused her to suffer JRA, UCTD, MCTD, and/or any other 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 $75,000.00 in the form of a check payable to petitioner representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a); b. a lump sum of $1,000.00 in the form of a check payable jointly to petitioner and Alan and Kathleen Schwartz, representing compensation for damages that would be available under 42 U.S.C. § 300aa-15(a)(1)(B); and c. A lump sum of $1,017.91, representing full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of California may have against any individual as a result of any Medicaid payments the State of California has made to or on behalf of petitioner from the date of her eligibility for benefits through the date of judgment in this case as a result of her alleged vaccine-related injury suffered on or about December 21, 2008, under Title XIX of the Social Security Act, available under 42 U.S.C § 300aa-15(g). This payment shall be made in the form of a check payable jointly to petitioner and

Department of Health Care Services Recovery Branch – MS 4720 P.O. Box 997421

Sacramento, CA 95899-7421 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: September 17, 2015 s/ Laura D. Millman

Laura D. Millman

Special Master