Glaser v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 06-764V

************************* NATALIA GLASER, parent of * M.G., a minor, * Filed: July 27, 2015

* Petitioner, *

* Decision by Stipulation; Damages; v. * Diphtheria-Tetanus-acellular

* Pertussis (“DTaP”); Encephalopathy; SECRETARY OF HEALTH AND * Neurological Injuries HUMAN SERVICES, *

* Respondent. *

* ************************* Paul S. Dannenberg, Huntington, VT, for Petitioner.

Glenn A. MacLeod, U.S. Dep’t of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES1

On November 13, 2006, Natalia Glaser filed a petition, on behalf of her son, M.G., seeking compensation under the National Vaccine Injury Compensation Program (the “Vaccine Program”).2 Petitioner alleges that M.G. developed encephalopathy and other neurological injuries as a result of the Diphtheria-Tetanus-acellular Pertussis (“DTaP”) vaccine that he received on or about December 1, 2003. Further, Petitioner alleges that the residual effects of this injury lasted for more than six months.

Respondent denies that the DTaP vaccine caused M.G.’s encephalopathy or any other injury and further denies that his current disabilities are a sequela of a vaccine-related injury. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed July 27, 2015) that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation.

I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein.

The stipulation awards:  A lump sum of $622,061.54, which represents compensation for first year life care expenses ($164,971.74) and trust seed funds ($457,090.00), in the form of a check payable to Counsel Trust, as trustee of the grantor revisionary trust established for the benefit of M.G.;

 A lump sum of $533,452.33, which amount represents compensation for partial lost future earnings ($408,452.33) and pain and suffering ($125,000.00), in the form of a check payable to Petitioner as guardian(s)/conservator(s) of the estate of M.G. for the benefit of M.G. No payment shall be made until Petitioner provides Respondent with documentation establishing that she has been appointed as the guardian(s)/conservator(s) of M.G.’s estate;

 A lump sum of $26,459.50, which amount represents compensation for past unreimbursable expenses, in the form of a check payable to Petitioner, Natalia Glaser;  A lump sum of $22,002.61, which amount represents reimbursement of a lien for services rendered on behalf of M.G., 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 Attn: Class Action Unit DHCS Account No: C91900546E-VAC03

 An amount sufficient to purchase the annuity contract described in paragraph 10 of the attached stipulation, paid to the life insurance company from which the annuity will be purchased.

Stipulation ¶ 8. This amount represents compensation for all damages that would be available under Section 15(a) of the Act.

I approve a Vaccine Program award in the requested amounts set forth above to be made to Petitioner. 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.3

IT IS SO ORDERED.

/s/ Brian H. Corcoran

Brian H. Corcoran Special Master