Raymo v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 11-654V Filed: November 5, 2015

* * * * * * * * * * * * * UNPUBLISHED KEVIN and HEATHER RAYMO, * legal representatives of a minor child, * H.T.R., *

* Chief Special Master Dorsey Petitioners, *

* Joint Stipulation on Damages; v. * Human Papillomavirus (HPV)

* Vaccine; Meningococcal Vaccine; SECRETARY OF HEALTH * Hepatitis A Vaccine; DTaP AND HUMAN SERVICES, * Vaccine; Transverse Myelitis

*

Respondent. *

* * * * * * * * * * * * * Andrew J. Quackenbos, Domengeaux Wright Roy Edwards & Colomb, LLC, Lafayette, LA, for petitioner.

Claudia B. Gangi, United States Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On October 11, 2011, Kevin Raymo and Heather Raymo (“petitioners”) filed a petition on behalf of their minor child, H.T.R., pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioners alleged that, as a result of receiving human papillomavirus (“HPV”), meningococcal, hepatitis A, and diphtheria, tetanus and pertussis (“DTaP”) vaccinations on October 13, 2010, H.T.R. developed transverse myelitis. Petition at Preamble. Further, petitioners alleged that H.T.R. experienced residual effects of the injury for more than six months. Id. at ¶ 18.

On February 24, 2014, then-Chief Special Master Vowell issued a Ruling on Entitlement finding petitioner entitled to compensation. The parties filed a stipulation on November 5, 2015. Respondent continues to deny that the vaccines are the cause of H.T.R.’s alleged transverse myelitis and/or any other injury, but the parties nevertheless agree that a decision should be entered awarding compensation described in the stipulation, attached hereto as Appendix A. Stip. at ¶ 7-8. 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 as follows: (1) An amount sufficient to purchase the annuity described in paragraphs 11(a) through

11(h) of the stipulation, paid to the life insurance company from which the annuity will be purchased (the “Life Insurance Company”);

(2) A lump sum of $754,047.00 to purchase the annuity contract described in paragraph

11(i) of the stipulation, paid to the Life Insurance Company from which the annuity will be purchased. This amount represents compensation for vaccine related damages for past and future pain and suffering and future wage loss available under 42 U.S.C. § 300aa-15(a)(4) and 42 U.S.C. § 300aa-15(a)(3)(B), respectively. The amount reflects that the award for projected future pain and suffering has been reduced to net present value;

(3) A lump sum of $26,930.62 in the form of a check payable to petitioners. This amount represents all compensation for past unreimbursed vaccine related expenses available under 42 U.S.C. § 300aa-15(a)(1)(B); and

(4) A lump sum of $97,561.00 in the form of a check payable to petitioners as guardian(s)/conservator(s) of the estate of H.T.R. for the benefit of H.T.R. This amount represents compensation for future life care plan expenses for the first year following the entry of judgment. No payments shall be made until petitioners provide respondent with documentation establishing that they have been appointed as the guardian(s)/conservator(s) of the estate of H.T.R.

Id. ¶ 8.

The undersigned approves the requested amounts for petitioner’s compensation. Accordingly, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3

IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master