Miranda v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 10-776V Filed: October 5, 2015

* * * * * * * * * * * * * * * * UNPUBLISHED MARIA MIRANDA, legal representative of * a minor child, A.M., *

* Special Master Gowen Petitioner, *

* Joint Stipulation on Damages; v. * DTaP vaccine; Encephalopathy;

* Seizure Disorder. SECRETARY OF HEALTH * AND HUMAN SERVICES, *

*

Respondent. *

*

* * * * * * * * * * * * * * * * Cathy A. Klein, Cathy A. Klein, PC, Greenwood Village, CO, for petitioner.

Jennifer L. Reynaud, United States Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On November 9, 2010, Maria Miranda (“petitioner”) filed a petition on behalf of her minor child, A.M., pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that as a result of receiving a Diptheria-Tetanus-acellular Pertussis (“DTaP”) vaccine on December 21, 2007, A.M. suffered an encephalopathy and seizure disorder. Stipulation ¶ 2, 4, docket no. 94, filed Oct. 1, 2015. Further, petitioner alleged that A.M. experienced residual effects of these injuries for more than six months. Id. at ¶ 4.

On October 1, 2015, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that A.M.’s DTaP vaccination caused the onset of an encephalopathy or seizure disorder, denies that the vaccine caused his alleged injuries, and denies that A.M. experienced residual effects of his injuries for more than six months. Id. at ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

The parties stipulate that petitioner shall receive the following compensation: 1) A lump sum of $765,011.84, in the form of a check payable to Regions Bank, as trustee of the grantor reversionary trust established for the benefit of A.M.; 2) A lump sum of $399,462.82, which amount represents reimbursement of a lien for services rendered on behalf of A.M., in the form of a check payable jointly to petitioner and

Department of Health Care Policy and Financing

1570 Grant Street Denver, CO 80203-1818 Attn: Heather R. Thompson State I.D. No: G459605

Department Federal Tax I.D. No: XX-XXXXXXX

Petitioner agrees to endorse this payment to the State; and

3) An amount sufficient to purchase an annuity contract to provide the benefits described in paragraph 10 of the joint stipulation, to be paid to a life insurance company meeting the criteria described in paragraph 9 of the stipulation.

Id. at ¶ 8.

The undersigned approves the requested amounts for petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation.

The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3

IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen Special Master